Sajeesh K.G vs The State Of Kerala
2021 Latest Caselaw 3296 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                              &

            THE HONOURABLE MRS. JUSTICE M.R.ANITHA

  FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                    WP(Crl.).No.24 OF 2021


PETITIONER/S:

             SAJEESH K.G,
             AGED 34 YEARS
             S/O GOPINATHAN,
             KALAMAL HOUSE, KALANCHAL DESOM,
             ALANKODE AMSOM, VIA EDAPPAL,
             MALAPPURAM DISTRICT-679 585.

             BY ADV. SRI.JAMSHEED HAFIZ

RESPONDENT/S:

      1      THE STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE HOME
             AFFAIRS DEPARTMENT,
             GOVERNMENT SECRETARIAT, TRIVANDRUM P.O.
             TRIVANDRUM DISTRICT-695 001.

      2      THE SUPERINTENDENT OF POLICE
             MALAPPURAM DISTRICT,
             MALAPPURAM (PO), PIN-676 505,
             MALAPPURAM DISTRICT

      3      THE SUPERINTENDENT OF POLICE,
             KOLLAM DISTRICT, KOLLAM P.O.
             KOLLAM DISTRICT-691 001.

      4      THE SUB INSPECTOR OF POLICE
             PONNANI,PONNANI POLICE STATION,
             PONNANI P.O.MALAPPURAM DISTRICT-679 577.
 W.P.(Crl) No.24 of 2021
                                2



       5       THE SUB INSPECTOR OF POLICE
               PARIPPALLI,PARIPPALLI POLICE STATION,
               PARIPPALLI P.O.KOLLAM DISRICT-691 574.

       6       RAJEEV,
               FATHERS NAME NOT KNOWN TO THE PETITIONER
               BEENA BHAVAN, PARIPPALLI (PO),
               PIN-691 574. KOLLAM DISTRICT

       7       BEENA
               FATHERS NAME NOT KNOWN TO THE PETITIONER,
               BEENABHAVAN, PARIPPALLI(PO) PIN-691 574,
               KOLLAM DISTRICT

               R1-4 BY GOVERNMENT PLEADER

               SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND

          THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY
     HEARD ON 29.01.2021, THE COURT ON THE SAME DAY DELIVERED
     THE FOLLOWING:
 W.P.(Crl) No.24 of 2021
                                 3


                          JUDGMENT

Dated this the 29th day of January, 2021

K. Vinod Chandran, J.

The petitioner asserts that the daughter of the 6 th and 7th

respondents, is his wife based on photographs produced here,

who is now in the illegal custody of her parents. We directed the

Police to conduct an enquiry and also directed a statement to be

obtained from the alleged detenue. A statement was obtained by

a Woman Police Officer which along with a report, is produced

with a memo. We have gone through the statement and it is seen

that she was married to another one-and- a- half years back. But,

she admits to have voluntarily gone with the petitioner. However,

later from the Court, where she was produced on a man missing

complaint, she went along with her parents. It is also stated that

now she is living with her husband. It has been categorically

stated that now she is not under any illegal custody. Though it is

stated that her husband does not allow her to go out alone or use

a mobile, she does not seem to have any objection to it. Further

she emphatically says that she is not interested to go with the W.P.(Crl) No.24 of 2021

petitioner. The marriage asserted by the petitioner, on the

strength of photographs, cannot also be vaild since the alleged

detenue says she got married one-and-a- half years back. In such

circumstances, we do not find any reason to entertain the writ

petition.

This Writ Petition is dismissed.

Sd/-

K. VINOD CHANDRAN JUDGE

Sd/-

M.R. ANITHA JUDGE

avs W.P.(Crl) No.24 of 2021

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PHOTOGRAPHS OF THE MARRIAGE OF THE PETITIONER WITH MEENAKSHI TAKEN ON 28.11.2020

EXHIBIT P2 A TRUE COPY OF THE RECEIPT ISSUED BY THE TEMPLE AUTHORITIES FOR THE CONDUCT OF THE MARRIAGE FUNCTION DATED 28.11.2020

RESPONDENT'S/S EXHIBITS:

NIL

avs //TRUE COPY// P.A TO JUDGE