Suhail vs The Circle Inspector Of Police
2021 Latest Caselaw 349 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.300 OF 2020


PETITIONER/S:

                SUHAIL,
                AGED 26 YEARS,
                S/O.KUNHIMUHAMMED.E., ELANATTIL HOUSE, PAN BAZAR,
                TIRUR, TIRUR P.O., MALAPPURAM-676 101.

                BY ADVS.
                SHRI.AKHIL RAJ B.
                SHRI.AJMAL P.

RESPONDENT/S:

      1         THE CIRCLE INSPECTOR OF POLICE,
                KALPAKANCHERY POLICE STATION,
                MALAPPURAM, PIN-676 551.

      2         THE SUPERINTENDENT OF POLICE,
                MALAPPURAM DISTRICT, PIN-676 505.

      3         HARIDASAN,
                AGED 45 YEARS
                S/O.VELAYUDHAN, VADAKKEPURAKKAL HOUSE, PONMUNDAM,
                NURSERYPADI, PONMUNDAM P.O.,
                MALAPPURAM DISTRICT, PIN-676 106.

      4         REEJA,
                AGED 45 YEARS
                W/O.SIVADASAN, VADAKKEPURAKKAL HOUSE, PONMUNDAM,
                NURSERYPADI, PONMUNDAM P.O., MALAPPURAM DISTRICT,
                PIN-676 106.

                R1-2 BY SENIOR GOVERNMENT PLEADER SRI.K.B.RAMANAND



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.300 OF 2020

                                     2

                              JUDGMENT

Dated this the 6th day of January 2021

K.VINOD CHANDRAN, J.

The petitioner states that his fiancee, the daughter

of respondent 4, is kept in illegal custody by the

respondents 3 and 4, the former of whom is the detenue's

paternal uncle. The illegal detention is alleged on the

ground of the party respondent's objection to the affair

between the petitioner and the alleged detenue.

2. The S.H.O., Kalpakanchery Police Station has

filed a statement as per the directions issued by this

Court to the Government Pleader. A statement of the

alleged deteneu is also enclosed therein. The statement

recorded shows that the daughter of the 4 th respondent

admits to the relationship with the petitioner. In fact

it is also stated that, a marriage proposal was dropped

because the 'subject' herself informed the would be groom

about her affair with another; the petitioner herein.

However, she categorically states that, there was

absolutely no harassment from the part of her mother, her

uncle or her relatives. She admits that on the WP(Crl.).No.300 OF 2020

instruction of her parents, she has given up the use of

her mobile so as to avoid communication with the

petitioner. She submits that she has willingly done so,

and is now pursuing her M.Com studies seriously. She

states that she is not thinking about marriage as of now

and wants to pursue her studies. She also says that if

she finds any difficulty to reside with her parents, she

would inform the nearest Police Station. We find no

reason to entertain the W.P.(Crl) since the alleged

detenue has categorically stated that she is residing in

her parental home on her own free will.

The W.P.(Crl) stands dismissed. No costs ordered.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

M.R.ANITHA

JUDGE

uu

06.01.2021 WP(Crl.).No.300 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 25.11.2020 SUBMITTED BY THE PETITIONER BEFORE FIRST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF RECEIPT OF THE COMPLAINT ISSUED BY THE FIRST RESPONDENT DATED 17.11.2020.