Pradeep vs State Of Kerala Represented By The ...
2021 Latest Caselaw 1106 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                     &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                         WP(Crl.).No.10 OF 2021

PETITIONER:

               PRADEEP, AGED 22 YEARS, S/O.CHAMI, UCHARAMKADAVU
               COLONY, NAITHAKKODU, KANJIRAMPARA,
               KARKIDAMKUNNU VILLAGE, PALAKKAD DISTRICT.

               BY ADVS.
               SRI.P.MOHAMED SABAH
               SMT.SAIPOOJA

RESPONDENTS:

      1        STATE OF KERALA REPRESENTED BY THE SECRETARY TO
               GOVERNMENT, DEPARTMENT OF HOME, SECRETARIAT,
               THIRUVANANTHAPURAM, PIN - 695001.

      2        THE STATE POLICE CHIEF
               KERALA, POLICE HEAD QUARTERS, TRIVANDRUM - 695010,

      3        THE SUPERINTDENT OF POLICE,
               KOLLAM RURAL, PIN - 691506.

      4        THE STATION HOUSE OFFICER, KUNNIKKODU POLICE STATION,
               KOLLAM DISTRICT - 691508.

      5        THE STATION HOUSE OFFICER,
               KOTTIYAM POLICE STATION, KOLLAM DISTRICT -691571.

      6        AJIKUMAR, S/O. SUKUMARAPILLAI, AGE NOT KNOWN
               THENGILAZHIKKATHU VADAKKETHIL HOUSE, KURA P.O, KOLLAM
               DISTRICT, PIN - 691557.

      7        BINDU, W/O. AJIKUMAR, AGE NOT KNOWN,
               THENGILAZHIKKATHU VADAKKETHIL HOUSE, KURA P.O, KOLLAM
               DISTRICT, PIN - 691557.

               R1-R5 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.10 OF 2021                2




                                   JUDGMENT

Dated, this the 12th day of January, 2021

K.VINOD CHANDRAN, J.

Petitioner is before this Court claiming that the

daughter of respondents 6 and 7 is under illegal custody of

the respondents. Learned Government Pleader submits that

the very same detenue was the subject in W.P.(Crl)

No.318/2020, filed by her father. She was released to the

custody of the father, from the custody of the petitioner,

on her own request.

2. Learned Counsel for the petitioner submits that, at

that point of time, the detenue had gone with the parents

only because there was a threat that her parents would do

away with the petitioner. It is also submitted that the

petitioner belongs to the scheduled caste community and the

respondents 6 and 7 belong to an upper class community. At

an earlier occasion, when the detenue was produced before

the police, she had expressed her willingness to go with

the petitioner.

3. The earlier proceedings were before another Division

Bench in which one of us was a party [KVC(J)]. I specifically

remember the proceedings in W.P.(Crl)No.3185/2020, which

was posted on 22.12.2020. Myself and T.R.Ravi(J) had

talked to the detenue over 'Whatsapp'. She was in the

house of the petitioner when we conversed with her. We

infact insisted that she be kept alone without interference

of anybody from the petitioner's family when she interacts

with us. Police personnel had ensured that we interacted

with the alleged detenue as directed by us and she

specifically told us that she wants to go back to her

parents. There was absolutely no possibility of her having

any contact with the parents, since she was residing at the

petitioner's house at that point of time. We do not find

any cause for issuing notice and the W.P.(Crl) is rejected

in limine.

Sd/-

K.VINOD CHANDRAN JUDGE Sd/-

                                                           M.R.ANITHA
                                                                  JUDGE


uu
12.01.2021                                                      //True Copy//

                                                                P.A. To Judge





                              APPENDIX


PETITIONER'S/S EXHIBITS:

EXHIBIT P1               TRUE COPY OF THE MARRIAGE     PHOTO   OF   THE
                         PETITIONER AND THE DETENUE.

EXHIBIT P2               TRUE COPY OF THE MARRIAGE CERTIFICATE DATED

11.11.2020 ISSUED FROM SREE NENMINIPURATHU AYYAPANKAVU DEWASOM

EXHIBIT P3 TRUE COPY OF THE SCREEN SHOTS OF MESSAGES SEND BY THE DETENUE FROM THE MOBILE PHONE OF RESPONDENT NO. 7 TO THE PETITIONER.