Ussaine K.P vs Circle Inspector Of Police
2021 Latest Caselaw 22184 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                   &
               THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
    FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                        WP(CRL.) NO. 321 OF 2021


PETITIONER:

          USSAINE K.P., AGED 51 YEARS
          S/O.PAREETHKUNJU, KATTIPARAMBIL HOUSE, EROOR NORTH,
          THRIPUNITHURA, ERNAKULAM-682 306.

          BY ADVS.
          P.K.IBRAHIM
          SREEJI K.B.
          FATHIMA FIDHA


RESPONDENTS:

    1     CIRCLE INSPECTOR OF POLICE
          PERUVANTHANAM POLICE STATION, IDUKKI-685 532.

    2     ABIN MATHEW,
          S/O.MATHEW JOSEPH, OLICKAL, PALOOR KAVU,
          PERUVANTHANAM, IDUKKI-685 532.

    3     MARYKUTTY,
          MEMBER, WARD NO 11,
          OFFICE OF THE PERUVANTHANAM GRAMA PANCHAYATH,
          PERUVANTHANAM, IDUKKI-685 532.

          BY SRI. T.K.SHAHJAHAN, SENIOR GOVERNMENT PLEADER




     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.[Crl.] No.321 of 2021             - 2 -




           K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
       ---------------------------------------------
                W.P.[Crl.] No.321 of 2021 [S]
       ---------------------------------------------
         Dated this the 8th day of November, 2021

                                   JUDGMENT

Vinod Chandran, J.

The petitioner is concerned about his daughter,

who went missing after he dropped her at Vennala at the

State Bank of India Branch. She was a student of Pharmacy

and turned 18, only in April, 2021. Petitioner was

informed by the Sub Inspector, Peruvanthanam Police

Station that his daughter has eloped with the

2nd respondent. On reaching Peruvanthanam with family, the

petitioner was informed that his daughter is in the

custody of the 3rd respondent, an elected member of the

local body. Though the petitioner, along with others,

visited the 3rd respondent in her house, they were not

permitted to talk with the petitioner's daughter. The

petitioner apprehended that his daughter is in the

illegal custody of respondents 2 & 3.

2. On 01.11.2021, a Division Bench of this Court

directed a Woman Civil Police Officer to get a statement

from the alleged detenue and also to produce her before

the District Legal Services Authority [for brevity,

'DLSA'], Idukki on 05.11.2021 at 10.15 a.m. Today, a

statement is placed on record and so was the detenue

produced before the DLSA, Idukki with whom we interacted.

The detenue in her statement categorically admits the

relationship she developed with the 2nd respondent. She

also admits to having gone with the 2nd respondent, at

around 11 O' Clock, after she came out of the SBI Branch.

The 2nd respondent, with the alleged detenue, also

appeared before the Peruvanthanam Police Station and

informed them about their intention to marry. The couple

has also given notice under the Special Marriage Act, on

28.10.2021 to register their marriage. The detenue says

that she has regular contact with her parents and even

last day she called her mother and talked to her family

members. She categorically says that she has decided to

marry the 2nd respondent and it is not under any threat or

coercion and that it is her desire to live with the

2nd respondent as man and wife.

We find no reason to keep the matter pending.

Since we find no illegal detention, we reject the same.

Sd/-

K. VINOD CHANDRAN, JUDGE

Sd/-

C. JAYACHANDRAN, JUDGE

sp/08/11/2021

//True Copy/

P.A. To Judge