Muhammed Yaseen P.K vs State Of Kerala
2021 Latest Caselaw 320 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 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(Crl.).No.324 OF 2020


PETITIONER/S:

                MUHAMMED YASEEN P.K.,
                AGED 23 YEARS,
                S/O.RAZAK, MUNAVARA HOUSE, PANIDIKASSALAKANDY,
                VENGALOM P.O., KOYILANDY TALUK,
                KOZHIKODE DISTRICT, PIN-673 303.

                BY ADVS.
                SMT.M.B.SHYNI
                SRI.DEEPAK RAJ
                SHRI.PRASANTH K.T.

RESPONDENT/S:

      1         STATE OF KERALA,
                REPRESENTED BY THE HOME SECRETARY, SECRETARIAT,
                THIRUVANANTHAPURAM, PIN-695 001.

      2         KASIM,
                AGED 53 YEARS,
                S/O.AHAMMED, RESIDING AT THAIBU, KEEZHARIYUR P.O.,
                KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN-673 307.

      3         THE STATION HOUSE OFFICER,
                KOYILANDY POLICE STATION, KOYILANDY P.O., KOZHIKODE,
                PIN-673 305.

                R1-3 BY SENIOR GOVERNMENT PLEADER SRI. K.B.RAMANAND




     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.324 OF 2020

                                  2

                            JUDGMENT

Dated this the 6th day of January 2021

K.VINOD CHANDRAN, J.

The petitioner seeks to set free the daughter of the

2nd respondent, from his alleged illegal custody. The

allegation is that, the petitioner and the daughter of

the 2nd respondent are in love and had decided to get

married. The daughter of the 2nd respondent had in fact

come with the petitioner, but later, on a man missing

complaint being registered, they appeared before the

jurisdictional police. The 2nd respondent took back his

daughter on the promise that this marriage would be

conducted within two months. There is also an agreement

entered into between the petitioner and the daughter of

the 2nd respondent to enter into a valid marriage.

2. On directions issued by this Court, the S.H.O,

Koyilandy Police Station, has filed a statement based on

the discrete enquiry conducted; enclosing the statement

of the alleged detenue recorded by a woman civil police

officer.

3. The statement recorded shows that the daughter of WP(Crl.).No.324 OF 2020

the 2nd respondent admits to a relationship with the

petitioner. The incident of her having left her house to

go with the petitioner and the return later, after

appearance before the Police Station, is also admitted.

It is stated that, now more than two months have elapsed

and she has had a change of mind. It is also stated that

the 2nd respondent had contacted the parents of the

petitioner and informed them that the proposal is

dropped. The alleged detenue categorically states that

she is not under any illegal custody.

In the above circumstances, we do not think the W.P.

(Crl) is to be entertained. We reject the W.P.(Crl)

without any order on costs.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE

uu

06.01.2021 WP(Crl.).No.324 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE AGREEMENT PREPARED BY THE PETITIONER AND THE DETENUE DATED 20.10.2020.

EXHIBIT P2 PHOTO OF THE PETITIONER AND DETENUE.

EXHIBIT P3 A TRUE COPY OF THE WRITTEN COMPLAINT DATED 22.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.