Kerala High Court
Abhilash Prasad vs State Of Kerala on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
WP(CRL.) NO. 365 OF 2021
PETITIONER:
ABHILASH PRASAD,
AGED 31 YEARS,
S/O.K.M.PRASAD,
NILACKAL HOUSE, NJALBHAGOM MURI,
KAVIYOOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA - 689 582.
BY ADVS.
P.HARIDAS
BIJU HARIHARAN
P.C.SHIJIN
RISHIKESH HARIDAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF HOME AFFAIRS,
GOVERNMENT SECRETARIAT,
TRIVANDRUM - 695 001.
2 DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM - 695 001.
3 DISTRICT POLICE CHIEF KOTTAYAM,
OFFICE OF THE DISTRICT POLICE CHIEF
KOTTAYAM, PIN - 686 002.
4 DEPUTY SUPERINTENDENT OF POLICE
VAIKOM,
OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE,
VAIKOM, PIN - 686 141.
5 THE STATION HOUSE OFFICER,
VAIKOM POLICE STATION, VAIKOM,
PIN - 686 141.
6 ANJANA NAIR,
AGED 28 YEARS,
D/O.SASIKUMAR, RAMANILAYAM,
VAIKOM, UDAYANAPURAM P.O.,
W.P.(Crl) No.365 of 2021
2
KOTTAYAM, PIN - 686 143.
7 SASIKUMAR,
RAMANILAYAM,
VAIKOM, UDAYANAPURAM P.O.,
KOTTAYAM, PIN - 686 143.
8 SUKUMARI @ SUMA NAIR,
W/O.SASIKUMAR,
RAMANILAYAM,
VAIKOM, UDAYANAPURAM P.O.,
KOTTAYAM, PIN - 686 143.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI.T.K.SHAJAHAN - SENIOR G.P
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl) No.365 of 2021
3
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
---------------------------------------
W.P(Crl.)No. 365 of 2021
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Dated this the 24th day of November, 2021
JUDGMENT
Jayachandran, J.
The petitioner, who is the father of the
alleged detenue, a minor boy aged three months, seeks
issuance of a writ of Habeas Corpus, directing the
respondents to produce the minor before this Court and
to set him free in the custody of the petitioner. The
6th respondent is the wife of the petitioner and
respondents 7 and 8 are her parents.
2. It is alleged in the writ petition that the 6th
respondent was not willing to marry the petitioner and
that she was recalcitrant to bear a child. 6 th respondent
terminated her pregnancy without the permission of the
petitioner. She again become pregnant and tried to get
the same terminated. However, the same was averted by
the intervention of the petitioner and accordingly, a
male child by name "Ayansh" was born. However, the 6th
respondent left the petitioner to her parental home.
Neither the 6th respondent nor her parents want the child
W.P.(Crl) No.365 of 2021
and the petitioner apprehends danger to the life of
child at the hands of respondents 6 to 8.
3. As per order dated 15.11.2021, we directed the
5th respondent to obtain a statement from the 6th
respondent. Accordingly, statement given by the 6th
respondent is produced before us. A perusal of the said
statement would indicate the matrimonial discord between
the petitioner and the 6th respondent and that she had
left her native place along with her child and parents
in pursuit of a job.
4. We find no illegal detention of the minor
child, as the child is with his biological mother.
In the circumstances, we dismiss the instant
writ petition, relegating the petitioner to pursue his
remedies, if any, before the Family Court concerned.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
NR/24/11/2021
W.P.(Crl) No.365 of 2021
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY
THE COMPETENT AUTHORITY DATED 21/10/2021.
Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD
RESPONDENT DATED 08/11/2021.
