Shaji vs The State Police Chief
2021 Latest Caselaw 2216 Ker

                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 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                        WP(Crl.).No.166 OF 2020


PETITIONER/S:

                SHAJI,
                AGED 41 YEARS,
                S/O. SULAIMAN KUNJU, SHYAMA BHAVANAM, KOTTAMBILLI
                MURI, OACHIRA VILLAGE, KARUNAGAPPALLY TALUK,
                KOLLAM DISTRICT.

                BY ADVS.
                SRI.BINU GEORGE
                SMT.HEMALATHA

RESPONDENT/S:

      1         THE STATE POLICE CHIEF,
                POLICE HEADQUARTERS, VAZHUTHAKKADU,
                THIRUVANANTHAPURAM, PIN-695014.

      2         THE DISTRICT POLICE CHIEF,
                KOLLAM DISTRICT, PIN-691601.

      3         THE STATION HOUSE OFFICER,
                OACHIRA POLICE STATION,
                KOLLAM DISTRICT, PIN-690546,

      4         SANTHOSH,
                AGED 38 YEARS,
                SANTHOSH BHAVANAM, PULIKKULAM, PARAKKADAVU PO,
                SOORANAD NORTH VILLAGE, KUNNATHUR TALUK, KOLLAM
                DISTRICT, PIN-690561.

                R1-R3 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND




     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.166 OF 2020

                                 2



                            JUDGMENT

Dated this the 20th day of January 2021

K.VINOD CHANDRAN, J.

Petitioner seeks issuance of Writ of Habeas Corpus to

produce his wife, whom he apprehends, was kidnapped by

the 4th respondent. The police has filed a report which

indicates that, earlier also the wife of the petitioner

had eloped with the 4th respondent, and on a Habeas Corpus

petition, she was produced before this Court. The

petitioner's wife had then accompanied the petitioner to

their marital home. Within three days, she again left

the marital home and went with the 4 th respondent. On

enquiry it has been revealed that, the 4 th respondent and

the petitioner's wife are living in Karnataka. Police

had also contacted her over telephone. She has informed

the police that she regularly contacts her children over

telephone. She also states that she left her marital

home due to the domestic violence perpetrated on her.

The petitioner submits that there was no such incident of

any domestic violence. In any event, the petitioner's WP(Crl.).No.166 OF 2020

wife has gone with the 4th respondent on her own free will

and we do not find any reason to issue a Writ of Habeas

Corpus.

The petition would stand dismissed.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE

uu

20.01.2021 WP(Crl.).No.166 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF FIR IN CRIME NO. 1777/2020 OF OACHIRA POLICE STATION,