Kerala High Court
Nidhin K.P vs State Of Kerala on 25 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
WP(CRL.) NO. 114 OF 2021
PETITIONER:
NIDHIN K.P
0
AGED 29 YEARS
S/O. PRADEEPKUMAR, BUSINESS, KUNNALAKATTU HOUSE,
JRRA/159, JAYANTHY ROAD, MARADU P.O, KOCHI,
ERNAKULAM DISTRICT,PIN-682 304
BY ADVS.
J.JULIAN XAVIER
SRI.FIROZ K.ROBIN
SRI.ROY JOSEPH
SRI.PIOUS MATHEW
SMT.AANNIES MATHEW
SRI.E.HARIDAS
RESPONDENTS:
1 STATE OF KERALA
REP. BY HOME SECRETARY, HOME DEPARTMENT,
SECRETARIAT, GOVT. PRESS P.O, THIRUVANANTHAPURAM,
PIN-695 001
2 THE STATION HOUSE OFFICER,
HILL PALACE POLICE STATION, THRIPUNITHURA P.O,
KOCHI, ERNAKULAM DISTRICT, PIN-682 301
3 THE STATION HOUSE OFFICER,
MARADU POLICE STATION, MARADU P.O, KOCHI, ERNAKULAM
DISTRICT, PIN-682 304
4 SRI. MURALEEDHARAN,
VISHNUBHAVAN, PALLIPARAMBUKAVU, TRIPUNITHURA P.O,
KOCHI, ERNAKULAM DISTRICT, PIN-682 301
WP(CRL.) NO. 114 OF 2021 2
5 THE DIRECTOR ,
REVIVE, DE-ADICTION AND MIND HEALTH,
KOOTHATTUKULAM-VAZHITHALA ROAD, THODUPUZHA P.O,
IDUKKI DISTRICT, PIN-685 583
R1 TO R3 BY SRI.SAIGI JACOB PALATTY, PUBLIC
PROSECUTOR,
R4 BY SRI.SREELAL N.WARRIER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 25.05.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 114 OF 2021 3
ALEXANDER THOMAS & K.BABU, JJ.
============================
W.P(Crl.)No.114 of 2021
============================
Dated this the 25th day of May, 2021
JUDGMENT
The prayers in the aforecaptioned Writ Petition (Crl.) seeking for
Habeas Corpus are as follows:
"i) Issue a writ of Habeas Corpus directing the 1 st and
nd
2 respondents to produce the body of the detenue in person before
this Hon'ble Court from the illegal confinement of the 5 th
respondent at the instance of the 4th respondent and set the detenue
at her freedom.
ii) Issue such other writs, orders or directions as this
Hon'ble Court deems fit and proper in the interest of justice and
circumstances of the case."
2. Heard Sri.J.Julian Xavier, the learned counsel appearing
for the petitioner, Sri.Saigi Jacob Palatty, the learned Public
Prosecutor appearing for official respondents 1 to 3 and Sri.Sreelal
N.Warrier, the learned Advocate appearing for contesting respondent
No.4. In the nature of the order proposed to be passed in this writ
petition, notice to respondent No.5 (Hospital) will stand dispensed
with.
3. Pursuant to the earlier interlocutory order passed by this
Court in this Habeas Corpus writ proceedings, the alleged detenue
Ms.M.Vishnupriya, aged 26 years, D/o.Muraleedharan was produced
before this Court and after interacting with her and as desired by her,
she was instructed to reside in a hostel (Queen Mary Hostel,
Ernakulam) and the petitioner had undertaken to bear the entire
expenses for her residence and boarding in the said Women's Hostel.
Since the alleged detenue was brought over from the 5th respondent
hospital, this Court had by way of abundant caution directed that the
official respondents 2 and 3 may ensure that the medical records of the
5th respondent hospital made available for perusal of this Court.
4. Today, the alleged detenue M.Vishnupriya has appeared
before us and has submitted that she is having a love affair with the
petitioner for quite some time and that the petitioner had also
disclosed to her that he was previously having an affair with another
lady, which is the subject matter of O.P No.38/2017 on the file of the
Family Court, Ernakulam and further that she was also married to
another person earlier and her marital relationship has already been
dissolved. Further that she does not want to go back to her parental
home and she has serious difference of opinion with them and that she
wants some time to ascertain whether there is any legal bar for the
petitioner in solemnization of the marriage between the two and that
she would desire to reside in the present Woman's Hostel at
Ernakulam for some more time, provided the petitioner bear the entire
expenses for the same and that thereafter she will take an independent
decision etc.
5. After interacting with her, we are convinced that
Ms.M.Vishnupriya, D/o.Muraleedharan has voluntarily taken a
decision to have a love affair with the petitioner and that she does not
want to reside in her parental home. She has passed B.Com degree
and has also undergone M.Com course and she is now aged 26 years.
The petitioner is stated to be aged 29 years and he is said to be
gainfully self employed and is running a supermarket.
6. Sri.J.Julian Xavier, the learned counsel appearing for the
petitioner would submit on the basis instructions that the petitioner
would solemnly undertake that he would fully bear all the expenses for
the residence and lodging of M.Vishnupriya in the above said Women's
hostel.
7. Sri.Saigi Jacob Palatty, the learned Public Prosecutor
appearing for official respondent Nos.1 to 3 would submit on the basis
of instructions that some of the medical records have been obtained
earlier by respondent Nos.2 and 3 from the 1 st respondent and it
indicates that Ms.M.Vishnupriya is not having any serious problems.
8. In the light of these factual developments, we are not
inclined to keep this Habeas Corpus writ proceedings pending any
longer. Further it is only just and proper that necessary orders are
passed by this Court to set Ms.M.Vishnupriya free. Accordingly, it is
ordered that the above said Ms.M.Vishnupriya is set at liberty.
With these observations and directions the above Writ Petition
(Crl.) will stand disposed of.
Sd/-
ALEXANDER THOMAS
Judge
Sd/-
K.BABU
ab Judge
APPENDIX
ANNEXURE/EXHIBITS
EXHIBIT P1 TRUE PRINTED COPY OF WHATSAPP MESSAGES
DATED 13.4.2021 AT 12.03. AM.
EXHIBIT P2 PHOTOCOPY OF THE COMPLAINT DATED
14.4.2021 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT.
EXHIBIT P3 PHOTOCOPY OF THE COMPLAINT DATED
14.4.2021 SUBMITTED BY THE FATHER OF THE
PETITIONER BEFORE THE 3RD RESPONDENT.
