Nizamudheen O.P vs The Station House Officer
2021 Latest Caselaw 21400 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 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                       WP(CRL.) NO. 246 OF 2021
PETITIONER/S:
          NIZAMUDHEEN O.P
          AGED 28 YEARS
          S/O USMAN, OTTUPARA HOUSE, CHATHINGANADOM.P.O,
          ORUVAMPURAM, MALAPPURAM DISTRICT-679325.

            BY ADV C.DINESH


RESPONDENT/S:

    1       THE STATION HOUSE OFFICER
            PANDIKKAD, PANDIKKAD POLICE STATION,
            PANDIKKAD.P.O,
            MALAPPURAM DISTRICT-676521.

    2       DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM.
            OFFICE OF THE DISTRICT SUPERINTENDENT OF POLICE,
            MALAPPURAM.P.O, PIN-676505.

    3       ABBAS,
            AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
            MAMBADAN HOUSE, VALLUVANGAD.P.O, KARAYA,
            MALAPPURAM DISTRICT-676521.

    4       REMEEZ,
            AGE NOT KNOWN TO THE PETITIONER, S/O AKBAR,
            KOYIPPADAN HOUSE, THUVOOR.P.O,
            MALAPPURAM DISTRICT-676522.


OTHER PRESENT:
         SRI.T.K.SHAJAHAN, SENIOR GOVERNMENT PLEADER


     THIS     WRIT    PETITION     (CRIMINAL)        HAVING    COME   UP   FOR
ADMISSION     ON     29.10.2021,     THE     COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP Crl 246/21

                                        2




          K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
           ------------------------------------
                WP(Crl.) No.246 of 2021
           -------------------------------------
         Dated this the 29th day of November, 2021

                              J U D G M E N T

Jayachandran, J.

In this writ petition, the petitioner seeks

issuance of a writ of habeas corpus commanding

respondents 1 and 2 (SHO, Pandikkad and the

District Superintendent of Police, Malappuram) to

bring the detenue, Remeesa, D/o.Abbas, before this

Court and to set her at liberty. The above writ

was sought to be issued on the premise that

engagement for marriage between the petitioner and

the detenue was conducted in the year 2019, and

thereafter, the third respondent, who is the father

of the detenue, unilaterally withdrew from the

marriage proposal without any reason. It is

further averred that the petitioner and the detenue

are in love and want to get married. According to WP Crl 246/21

the petitioner, the detenue is not in a position to

come out of her house and she is in illegal custody

of respondents 3 and 4, undergoing intimidation and

torture. The detenue is compelled to marry another

against her wish and consent, avers the petitioner.

2. As per order dated 8.10.2021, the first

respondent was directed to get a statement of the

alleged detenue. Such statement was made available

before us, and having perused the same, we directed

respondents 3 and 4 to produce the alleged detenue

before the Secretary, District Legal Services

Authority, Manjery. Accordingly, she was produced

and we interacted with the alleged detenue. She is

firm in her resolve to go along with the

petitioner. The alleged detenue would state in the

statement, recorded pursuant to our direction, that

her mobile phone was taken away by her father/third

respondent. The alleged detenue was cautioned by

her father that she should marry another person in

three months and to be prepared for that. It is WP Crl 246/21

further stated that she is restrained from going to

her tharavadu house on the apprehension that she

may contact the petitioner over phone.

Having interacted with the detenue and having

perused her statement, this Court is satisfied that

the alleged detenue is being kept in the house of

respondents 3 and 4 contrary to her will and

subject to restraints. Inasmuch as she has

categorically expressed her intention to go with

the petitioner, this Court allows this writ

petition directing respondents 3 and 4 to release

the petitioner and set her at liberty. Respondents

1 and 2 are directed to act in aid of this

judgment, in case necessity arises.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

jg WP Crl 246/21

APPENDIX OF WP(CRL.) 246/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 3.10.2021.