Kerala High Court
Muhammed Muhasin vs Ashokan Km on 3 June, 2021
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
W.P(CRL.).NO.137 OF 2021
PETITIONER:
MUHAMMED MUHASIN
AGED 22 YEARS
S/O.ISMAIL N.M., EATILMOOTTIL HOUSE, VALAMCHUZHY,
PATHANAMTHITTA DISTRICT, PIN 689 645
BY ADV.SRI.ADITHYA RAJEEV (K/846/2015)-11572
RESPONDENTS:
1 ASHOKAN KM
AGED 52 YEARS
KUNNOTH MEETHAL (H), VILAYATTOOR, IRINGATH P.O.,
THURAYUR, KOZHIKODE DISTRICT, PIN-673523.
2 THE STATION HOUSE OFFICER
MEPPAYUR POLICE STATION, PERAMBRA ROAD, MEPPAYUR,
KOZHIKODE DISTRICT, PIN-673 655.
3 THE DISTRICT POLICE CHIEF
OFFICE OF THE DISTRICT POLICE CHIEF, PAVAMANI ROAD,
TAZHEKKOD, KOZHIKODE DISTRICT-673 004.
4 THE STATE POLICE CHIEF
KERALA, VAZHUTHAKADU, THIRUVANANTHAPURAM-695 014.
5 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
BY ADVS.SRI.KRISHNADAS P. NAIR
SMT.K.L.SREEKALA
BY SRI.SAIGY JACOB PALATTY, SR. GOVT. PLEADER
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.137/2021 :: 2 ::
JUDGMENT
A.K.Jayasankaran Nambiar, J.
The petitioner, who is stated to be aged 22 years of age, and is currently
pursuing B.Sc Nursing course at the East West College of Nursing, Bangalore,
has approached this Court alleging that Ms.Gayathri Krishna, with whom he is
stated to be in love, and proposes to get married, is in the alleged illegal
custody of her parents. It is stated that the girl, Ms.Gayathri Krishna is 19
years old, and that the petitioner had developed an intimacy with the said
Gayathri Krishna, and with an intention of getting married, they had caused
necessary notice in terms of the Special Marriage Act to be published, and the
notice period will expire shortly. The prayer in the writ petition is for a writ of
Habeas Corpus to produce the detenue in Court.
2. When the matter came up before this Court on 24.5.2021, this Court
had directed the Investigating Officer in Crime No.103/2021 of Meppayur
Police Station to record a statement of the alleged detenue Ms.Gayathri
Krishna in the presence of a Prosecutor, if that was practical, and a copy of the
W.P.(Crl.).No.137/2021 :: 3 ::
statement was directed to be produced along with the memo of the Prosecutor
on the next date of posting. We have since received the copy of the statement
of the alleged detenue and also a report from the Court of Judicial First Class
Magistrate, which refers to an interaction with the alleged detenue over a
whatsapp video call and the satisfaction of the Judicial First Class Magistrate
that Ms.Gayathri Krishna had gone along with the petitioner on her own
volition and there was no duress on her to go with the said person. The present
concern of the petitioner, however, is with regard to the alleged detention of
Ms.Gayathri Krishna at the instance of her parents. The 1st respondent herein is
the father of the alleged detenue.
3. When the matter was taken up by this Court yesterday, we asked the
learned Prosecutor to make arrangement for having an interaction over video
conference with the alleged detenue so that we could ascertain the wishes of
the alleged detenue to decide upon a further cause of action. The learned
Prosecutor has ensured that the alleged detenue Ms.Gayathri Krishna is before
this Court through video conference, and on an interaction that we had with
Ms.Gayathri Krishna today, we are informed by her that she would like to
remain in the custody of her parents till such time as she completes her nursing
W.P.(Crl.).No.137/2021 :: 4 ::
course at Bangalore. This would mean that she is not desirous of going ahead
with the proposed marriage in terms of the Special Marriage Act, for which,
notice has already been published and the notice period of which is due to
expire in the next couple of days. We then let in the learned counsel for the
petitioner, the learned counsel for the 1st respondent as also the Public
Prosecutor into the video conference proceedings so that they could also hear
the words of Ms.Gayathri Krishna. She again reiterated her desire to remain
with her parents during the course of her study at Bangalore and stated that she
was not inclined to pursue the marriage with the petitioner at this point in time.
In view of the aforesaid developments, we are constrained to close this
writ petition by acceding to the wishes of the alleged detenue and permitting
her to go with her parents.
The writ petition is accordingly closed.
Sd/- Sd/-
A.K.JAYASANKARAN NAMBIAR GOPINATH P.
JUDGE JUDGE
prp/3.6.2021
