Rajesh vs State Of Kerala
2021 Latest Caselaw 23145 Ker

                    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. 362 OF 2021

PETITIONER:

               RAJESH
               AGED 43 YEARS
               S/O.KRISHNAN,
               KARUKAPARAMB HOUSE, CHAMMANAD,
               ERAMALLOOR P.O., EZHUPUNNA,
               ARROOR, ALAPPUZHA - 688 537.

               BY ADVS.
               SEBIN THOMAS
               AMITH K.S
               ARUN SEBASTIAN


RESPONDENTS:

     1         STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               HOME DEPARTMENT,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.
     2         STATION HOUSE OFFICER
               ARROOR POLICE STATION,
               AROOR, ALAPPUZHA - 688 534.
     3         SUB INSPECTOR OF POLICE
               ARROOR POLICE STATION, AROOR,
               ALAPPUZHA, PIN - 688 543.
     4         SREEKUTTAN,
               AGED 30 YEARS,
               S/O.ANTIKUNJU,
               KALARIKKAL HOUSE,
               ERAMALLOOR P.O., AROOR,
               ALAPPUZHA - 688 537.
     5         ANTIKUNJU,
               AGED ABOUT 62 YEARS,
               KALARIKKAL HOUSE, ERAMALLOOR P.O.,
               ARROOR, ALAPPUZHA - 688 537.
               BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

               SENIOR GOVERNMENT PLEADER - SRI.T.K.SHAJAHAN

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.362 of 2021

                                       2




        K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
                ---------------------------------------
                   W.P(Crl.)No. 362 of 2021
                ---------------------------------------
          Dated this the 24th day of November, 2021


                              JUDGMENT

Jayachandran, J.

The petitioner seeks issuance of a writ of

Habeas Corpus, directing respondents 2 and 3 to

produce the petitioner's wife before this Court, as

also to release her forthwith. The writ petition is

premised on the allegation that the petitioner's

wife is in illegal detention of the 4th respondent,

who had allegedly abducted the petitioner's wife.

Earlier, the petitioner's wife was missing and

pursuant to a complaint preferred by the petitioner,

Ext.P3 FIR was registered. However, the matter was

settled between the parties.

2. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor.

3. As per order dated 15.11.2021, we directed

the 2nd respondent to obtain a statement of the W.P.(Crl) No.362 of 2021

alleged detenue, if she can be traced out.

Accordingly, such statement is produced before us

today, a perusal of which, would indicate that the

detenue is not under any illegal detention, that she

had left the petitioner since it became impossible

for her to live along with him, that she is

presently in love with the 4th respondent and that

they are living as husband and wife in a rented

house at Irinjalakuda.

4. We find no illegal detention of the alleged

detenue going by her statement, in the absence of

which, the relief sought for in this writ petition

cannot be granted.

The Writ Petition (Crl.) will therefore

stand dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

NR/24/11/2021 W.P.(Crl) No.362 of 2021

APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE MARRIAGE REGISTER DATED 10/09/2006.

Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE FIR DATED 06/12/2020.