Kerala High Court
Roby A.M vs State Of Kerala on 24 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942
WP(Crl.).No.61 OF 2021
PETITIONERS:
1 ROBY A.M.
AGED 56 YEARS
S/O. MATHEW AVARAN,
AVARAN HOUSE, RAILWAY STATION ROAD,
IRINJALAKUDA, THRISSUR DISTRICT,
KERALA - 680 121.
2 TRESA ROBY,
AGED 45 YEARS
W/O. ROBY A.M.,
AVARAN HOUSE, RAILWAY STATION ROAD,
IRINJALAKUDA, THRISSUR DISTRICT,
KERALA - 680 121.
BY ADVS.
SRI.K.SHAJ
SRI.RENJIT GEORGE
SRI.JOSSY S. KATTUR
SRI.C.IJLAL
SRI.ARUN CHAND
SMT.UMMUL FIDA
SRI.JOSEPH MARY DAS
SRI.BHARAT VIJAY P.
SRI.MAJID MUHAMMED K.
SRI.ANANDU R.
SRI.ARUL K.S
SMT.NEERAJA GOWRI A.S
SMT.GAYATHRI SATHYAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM - 695 001.
W.P.(Crl.) No.61 of 2021
2
2 THE STATE POLICE CHIEF,
KERALA, VAZHUTHACAUD, THIRUVANANTHAPURAM ,
KERALA 695 010.
3 THE DISTRICT POLICE CHIEF,
KALYAN NAGAR, AYYANTHOLE, THRISSUR 680 003.
4 THE STATION HOUSE OFFICER,
IRINJALAKUDA POLICE STATION,
IRINJALAKUDA NORTH, THRISSUR DISTRICT - 680 125.
5 SHAMIL.M.A,
AGED ABOUT 25 YEARS
S/O. LATE ABDUL SALAM, KAATUPARAMBIL HOUSE,
KOOLIMUTTAM, MATHILAKAM,
THRISSUR DISTRICT - 680 691
(PHONE NO. 99619 94770)
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD
ON 24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) No.61 of 2021
3
K. Vinod Chandran & M.R.Anitha, JJ.
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W.P.(Crl) No.61 of 2021
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Dated, this the 24th day of February, 2021
JUDGMENT
Vinod Chandran, J.
The daughter of the petitioners was produced before us. We
interacted with her and she said that she wants to go with the 5 th
respondent. The learned counsel for the petitioners submitted on the
basis of an affidavit filed, with a petition to accept the additional
documents that the 5th respondent is involved in many crimes. We
specifically directed the daughter of the petitioners to go through the
aforesaid affidavit. We also provided an opportunity to the parents
and the grandmother to converse with the daughter of the
petitioners. They conversed for about one hour.
2. When the matter was taken up again, we talked with
the father first. He requested us to put his daughter in a hostel for
sometime. We again interacted with the alleged detenu and specially
asked her whether she was married. She tells us that on last
Saturday a notice has been taken out under the Special Marriage Act
and that after the next 21st, any day she could get married. We
asked her whether she would like to be in a hostel till such time a
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formal marriage is solemnized. However, the daughter of the
petitioners was adamant in expressing her wish to go with the 5 th
respondent. As far as the crimes registered against the 5 th
respondent, the subject is of the opinion that they are all false
accusations.
In the above circumstances, we find no way to keep the
matter pending. We hence reject the writ petition.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
DK
W.P.(Crl.) No.61 of 2021
APPENDIX
PETITIONERS' EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF F.I.R IN CRIME
NO.2934/2016 OF KODUNGALOOR POLICE
STATION REGISTERED UNDER SECTIONS
143,147,188, 283 R/W 149 IPC.
EXHIBIT P2 THE TRUE COPY OF F.I.R IN CRIME
NO.1331/2020 OF MATHILAKAM POLICE
STATION REGISTERED UNDER SECTIONS 102 OF
CR.P.C.
EXHIBIT P3 THE TRUE COPY OF F.I.R IN CRIME
NO.583/2019 OF MATHILAKAM POLICE STATION
REGISTERED UNDER SECTION 57 OF KERALA
POLICE ACT.
EXHIBIT P4 THE TRUE COPY OF F.I.R IN CRIME
NO.1311/2020 OF MATHILAKAM POLICE
STATION REGISTERED UNDER SECTION 118(E)
OF KERALA POLICE ACT.
EXHIBIT P5 THE TRUE COPY OF F.I.R IN CRIME
NO.553/2019 OF KATTOOR POLICE STATION
REGISTERED UNDER SECTIONS 279 IPC AND
SECTION 185, MV ACT.
RESPONDENTS' EXHIBITS: NIL
