Kerala High Court
Aiswarya Vinayan vs State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(Crl.).No.4 OF 2021
PETITIONER/S:
AISWARYA VINAYAN,
AGED 28 YEARS,
D/O. VINAYA KUMAR, RESIDING AT AREDATH HOUSE,
PUTHIYARA P.O., KOZHIKODE-673 004.
BY ADV. SMT.MAJIDA.S
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 SUB INSPECTOR OF POLICE,
MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE P.O.,
KOZHIKODE-673 008.
3 MANJULA,
W/O. SAINATH, PALLIKKADATH PARAMBA, EDAKKAD P.O.,
KUNDUPARAMBA, KOZHIKKODE-673005.
4 MEENA,
PALLIKKADATH PARAMBA, EDAKKAD P.O., KUNDUPARAMBA,
KOZHIKODE-673 005.
R1-2 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.4 OF 2021
2
JUDGMENT
Dated this the 25th day of January 2021
K.VINOD CHANDRAN, J.
Petitioner is concerned with her father, who is said
to be missing and who is said to have left the house with
the ornaments of the petitioner. To enable her to file
the above writ petition she also submits that her father
is in the illegal custody of the party respondents.
2. The Police have filed a report in which it is
stated that, on 23.11.2019, petitioner's father was found
missing and the petitioner's mother had registered a
complaint. On investigation it was revealed that there
was a quarrel in the house, after which the missing
person left the house. On 25.11.2019, the missing person
himself turned up before the Medical College Police
Station and his statement was recorded. It was also
stated by him before the Police that he had left the
house because of the mental and physical torture
inflicted on him by his wife.
3. Later again, the wife of the alleged detenue
instituted a complaint on 01.01.2020. At that point also
WP(Crl.).No.4 OF 2021
the missing person turned up at the Medical College
Police Station and gave a similar statement. Later the
petitioner, who is the daughter of the missing person
instituted a complaint on 24.12.2020, alleging that her
ornaments were taken away by her father. The police
during investigation was reliably informed that certain
ornaments were pledged by the father of the petitioner.
The police are proceeding with the investigation and are
also attempting to trace out the whereabouts of the
missing person.
4. Learned Counsel for the complainant submits
that, there is a statement made by the police that her
father along with his mother went to the K.S.F.E to renew
the loan, but on perusal of the register maintained
there, it does not show the grand mother of the
petitioner having visited K.S.F.E on the said date. The
Police have merely reported, what the mother of the
missing person told them and it is for the Police to
verify the same in the investigation. However, that does
not detract from the fact that there is no question of
any illegal detention of the missing person since the
WP(Crl.).No.4 OF 2021
Police categorically say that there is nothing to show
that the party respondents have illegally detained the
petitioner's father.
5. On complaints made by the petitioner's mother
twice, the missing person had turned up at the Police
Station and gave categoric statements that he has left
the house due to the physical and mental torture
inflicted on him by his wife and daughter. It was also
categorically stated by him that they wanted to take him
to Bangalore where his daughter is residing, with
ulterior motives.
In such circumstances, we do not find any cause for
issuing a Writ of Habeas Corpus. We find that the Writ
Petition itself is a clear abuse of process of Court and
dismiss it accordingly.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
M.R.ANITHA
JUDGE
uu/25.01.2021
