Arun Chandran vs State Of Kerala
2021 Latest Caselaw 10583 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                   &

                 THE HONOURABLE MRS. JUSTICE M.R.ANITHA

      MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                         WP(Crl.).No.86 OF 2021

PETITIONER/S:
                ARUN CHANDRAN
                AGED 25 YEARS, S/O. CHANDRAN, VADAKKETHODIKAYIL
                HOUSE, KALLURUTTY P.O., KOZHIKODE-673 582

                BY ADVS.
                SRI.T.D.SUSMITH KUMAR
                SRI.C.SIVADAS

RESPONDENT/S:
       1      STATE OF KERALA
              REPRESENTED BY SECRETARY, DEPARTMENT OF HOME AFFAIRS,
              THIRUVANANTHAPURAM-695 001
       2      THE STATE POLICE CHIEF,
              (DIRECTOR GENERAL OF POLICE), HEAD QUARTERS,
              THIRUVANANTHAPURAM-695 001
       3      THE DISTRICT POLICE CHIE,
              OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE
              (RURAL), VATAKARA, KOZHIKODE-673 308
       4      THE STATION HOUSE OFFICER,
              MUKKAM POLICE STATION, MUKKAM P.O., KOZHIKODE-673 602
       5      THE DISTRICT POLICE CHIEF
              MALAPPURAM, MALAPPURAM-676 505
       6      THE STATION HOUSE OFFICER,
              AREAKODE POLICE STATION, AREAKODE P.O.,
              KOZHIKODE-673 639
       7      ANSAR T.P., AGED 29 YEARS
              S/O. MOIDEEN KUTTY T.P., NELLIKKAD HOUSE, PALAKKAD
              P.O., MALAPPURAM-673 582
       8      MOIDEEN KUTTY T.P.
              NELLIKKAD HOUSE, PALAKKAD P.O., MALAPPURAM-673 582

OTHER PRESENT:

                SRI.K.B. RAMANAND(SR.GP),SRI.E.A.HARIS FOR R7 AND R8

     THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl.).No.86 OF 2021         2



                           JUDGMENT

Dated this the 29th day of March 2021

M.R.Anitha, J.

This writ petition has been filed by the brother of the

alleged detenue. According to the petitioner, he belongs to

Scheduled Caste and his sister is under the illegal detention of

the 7th respondent. His sister left home on 15.02.2021 and

immediately a complaint was filed before the 4 th respondent and

a crime was registered u/s.57 of the Kerala Police Act, 2011.

2. It was informed by the 4th respondent that the detenue

and the 7th respondent is intending to conduct marriage under

the Special Marriage Act. Though notice was given of the

intended marriage on 15.02.2021 they have not yet registered

the marriage and thereupon the writ petition was filed.

3. Notice was issued to the respondents and respondents

1 to 5 appeared through learned Government Pleader. The

detenue was also directed to be produced before the Court.

Accordingly, the detenue was produced before the Court and we

interacted with her and she was very firm that she wanted to go

with the 7th respondent and they are going to register the

marriage under the Special Marriage Act.

4. The parents of the petitioner and petitioner were also

present and they were also permitted to interact with the alleged

detenue. But there was no change in her mind even after talking

with the parents. We interacted with the father of the petitioner

and the alleged detenue and he only spoke about a ring and

mobile phone. In the said circumstances, there is nothing to infer

any illegal detention of the alleged detenue by the 7 th

respondent. Hence we do not find any merit in the writ petition

and accordingly it is dismissed.

Sd/-

K.VINOD CHANDRAN

JUDGE

Sd/-

shg                                              M.R.ANITHA

                                                   JUDGE



                           APPENDIX
PETITIONER'S/S EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE FIRST INFORMATION

REPORT DATED 15.02.2021 BEARING NO.104 OF 2021 OF MUKKAM POLICE STATION ALONG THE FIRST INFORMATION