Sasidharan Pillai B vs The State Of Kerala
2021 Latest Caselaw 12714 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
                                  &
               THE HONOURABLE MR. JUSTICE GOPINATH P.
      THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943
                      WP(CRL.) NO. 147 OF 2021
PETITIONER:

    SASIDHARAN PILLAI B.,
0




    AGED 56 YEARS
    S/O. BHARGAVAN PILLAI, SEA LAND, GOVINDAMUTTOM P.O, KAYAMKULAM,
    PUTHUPPALLY (PART), ALAPPUZHA DISTRICT, PIN 690 527

    BY ADVS.ARUN SAMUEL
    JITHIN BABU A


RESPONDENTS:

1 THE STATE OF KERALA,
  REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, HOME DEPARTMENT,
  GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001

2 THE DISTRICT POLICE CHIEF,
  ALAPPUZHA DISTRICT, CCSB ROAD, CIVIL STATION WARD, ALAPPUZHA, PIN
  688 012

3 THE DEPUTY SUPERINTENDENT OF POLICE,
  KAYAMKULAM, PIN 690 502

4 THE STATION HOUSE OFFICER,
  KAYAMKULAM POLICE STATION, KAYAMKULAM-THIRUVALLA HIGHWAY,
  KAYAMKULAM, ALAPPUZHA DISTRICT, PIN 690 502

5 SAJADSHA
  AGED 22 YEARS
  S/O. SHAHUL KUTTY, KATTUSHERIL (VELUTHEDATHU PADEETTATHIL),
  KEERIKAD P.O, ALAPPIUZHA DISTRICT, PIN 690 508

    BY ADV ARUN SAMUEL

OTHER PRESENT:

    SR GP SAIGI JACOB PALATTY


THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl)No.147/2021                  2


                               JUDGMENT

Gopinath, J:

This writ petition has been filed by the father of one Ankita S., on

the allegation that she is kept under illegal custody of one Sajadsha, the

5th respondent. It is stated that the aforesaid Ankita was forcefully taken

away by the 5th respondent when she had gone to her college for an

examination. In view of the averments in the writ petition, we had

requested to the learned Public Prosecutor who appeared for

respondents 1 to 4 to ensure the presence of the aforesaid Ankita in

order to ascertain whether she was under the illegal custody of the 5 th

respondent.

2. Today when the matter was taken up we interacted through

video conferencing with the petitioner and his wife, parents of Ankita, the

5th respondent as also with Ankita herself. Though the petitioner and his

wife had interacted with their daughter Ankita she expressed her desire to

live with the 5th respondent. She also stated that she intends to marry the

5th respondent and that they had already given notice of intended

marriage under the provisions of the Special Marriage Act. She further

states that the marriage could not be registered despite notice being

given on account of the fact that original documents to prove her date of

birth etc are in the custody of her parents.

3. There is no dispute regarding the fact that the aforesaid Ankita is

a major. She is stated to be 22 years of age. She is quite firm in her

conviction to marry the 5 th respondent and to live with him. She is

therefore not under illegal custody as alleged in the writ petition. The

petitioner, the father of Ankita has undertaken before us that he does not

intend to prevent the marriage of Ankita with the 5 th respondent by

holding on to any certificate belonging to Ankita. He has also very fairly

agreed before us that he will hand over the originals of certificates such

as the SSLC Book etc to the SHO, Kayamkulam Police Station,

Kayamkulam (the 4th respondent herein) on 07-06-2021, before 11 a.m.

This offer of the petitioner is recorded and the 4 th respondent is directed

to receive the certificates handed over by the petitioner under receipt and

hand over the same to the aforesaid Ankita after obtaining a receipt from

her.

In the circumstances noticed above, a writ of Habeas Corpus will

not issue. The writ petition fails and is accordingly dismissed.

Sd/-

A.K. JAYASANKARAN NAMBIAR JUDGE

sd/-

GOPINATH P.

JUDGE AMG

PETITIONER'S EXHIBITS:-

EXT.P1: COPY OF WHATSAPP CONVERSATION BETWEEN THE DETENUE AND THE PETITIONER.

EXT.P2: COPY OF THE MEDICAL CERTIFICATE OF THE PETITIONER'S WIFE DATED 15/05/2021.

EXT.P3: COPY OF THE RECEIPT DATED 17.05.2021 ISSUED BY THE OFFICE OF THE 3RD RESPONDENT AS REGARDS THE PETITION FILED BY SMT. SREELATHA.

EXT.P4: TRUE COPY OF A NEWSPAPER REPORT DATED 12.11.2020 CONCERNING THE 5TH RESPONDENT.

TRUE COPY

PA TO JUDGE.