Ashique P.P vs The State Of Kerala
2021 Latest Caselaw 12469 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                  &

               THE HONOURABLE MRS. JUSTICE M.R.ANITHA

       TUESDAY, THE 18TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943
                       WP(CRL.) NO 136 OF 2021
PETITIONER
1.     ASHIQUE P.P, AGED 26 YEARS,
       S/O. ASHRAF, ALFAJAR, KANIYANTA VALAPIL, MAMBARAM VIA
       PINARAYI, KANNUR DISTRICT 670 741. (PINARAYI POLICE STATION
       LIMITS).
          BY ADV. T.P.SAJID

RESPONDENTS
1.       THE STATE OF KERALA
        REPRESENTED BY TH SECRETARY TO GOVERNMENT, HOME DEPARTMENT,
        GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2.      THE DISTRICT POLICE CHIEF,
        OFFICE OF THE DISTRICT POLICE CHIEF, UNIVERSITY OF KERALA
        SENATE HOUSE, CAMPUS, PALAYAM, THIRUVANANTHAPURAM 695 033.
3.      THE SUB INSPECTOR OF POLICE,
        PALLICKAL POLICE STATION, PALLICKAL, THIRUVANANTHAPURAM 695
        602.
4.      THE SUB INSPECTOR OF POLICE,
        ALAPPUZHA POLICE STATION, CCSB ROAD, KODIVEEDU, ALAPPUZHA
        688 001.
5.      SABU.A.,
        PARAVILLA VEEDU, ERATTIL, PALLIKACKAL P.O.
        THIRUVANANTHAPURAM 695 604.
        BY Sr.PP SRI. ALEX M.THOMBRA
        THIS WRIT PETITION (Crl) HAVING BEEN FINALLY HEARD ON
        18.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
        FOLLOWING:
 WP(Crl).136/2021
                                              2



                                      JUDGMENT

Dated : 18th May, 2021

K.Vinod Chandran, J

1.Petitioner is before this Court alleging that his fiancee, the daughter of the 5th respondent, is under the illegal custody of the 5th respondent. It is alleged that only since the 5th respondent does not want the petitioner and the detenue to continue their relationship, she has been placed under illegal custody.

2.A Division Bench on 14.5.2021 directed the 3 rd respondent to ensure that the alleged detenue has not been subjected to any physical or psychological harm. It was also directed that the alleged detenue be afforded an opportunity to interact with Court virtually on 18.5.2021 at 1.45 p.m.

3.When sitting commenced, the learned counsel for the petitioner was present and so was the learned Senior Government Pleader. The Senior Government Pleader submitted before us that the detenue is with the 3rd respondent in the Police Station and that she could be brought on virtual hearing at any time. Hence after the calling work was over, we interacted with the detenue. There was some problem in interacting with WP(Crl).136/2021

her on VC. Hence the learned Senior Government Pleader took the mobile number of another Police Officer (9633645919) to which number one of us (Justice Anitha) made a Watts App call which was heard by myself also on VC. The alleged detenue submitted that she is acquainted with the petitioner and they had a relationship. But however, now she does not intend to continue the relationship. It has also been categorically stated that she has no complaint against her father, the 5th respondent and she is continuing with him on her own free will. Answering to a specific query, the alleged detenue submitted that she is not in any illegal custody.

4.In the above circumstances, we do not find any reason to keep the Writ Petition pending. Hence the same is dismissed.

Sd/-

K.VINOD CHANDRAN, Judge Sd/-

M.R.ANITHA, Judge

Mrcs/18.5.