Swarnalatha vs The District Police Chief
2021 Latest Caselaw 21488 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.263 OF 2021
PETITIONER/S:

           1. SWARNALATHA, AGED 53 YEARS, W/O.N.RAJENDRAN,
     11




           PANDILEZHIKATHU LATHA BHAVAN, MUNDAKKAL WEST,
           KOLLAM DISTRICT-691 001.
           2. N.RAJENDRAN,
           PANDILEZHIKATHU LATHA BHAVAN,
           MUNDAKKAL WEST, KOLLAM DISTRICT-691 001.
           BY ADVS.
           SRI.S.SUDHEESHKAR
           SRI.D.AJITHKUMAR


RESPONDENT/S:

    1      THE DISTRICT POLICE CHIEF, KOLLAM-691 001.
    2      STATION HOUSE OFFICER, KOLLAM EAST POLICE STATION,
           KOLLAM-691 001.
    3      MR.RAMIL.K., RESIDING AT PARAMBATH HOUSE, PINARAYI,
           MAMBRAM P.O., KANNUR-670 741.
    4      MR.RAJEESH.K., RESIDING AT PARAMBATH HOUSE, PINARAYI,
           MAMBRAM P.O., KANNUR-670 741.
           BY ADVS.
           DIRECTOR GENERAL OF PROSECUTION
           SRI.P.NARAYANAN, SPL.GOVERNMENT PLEADER


OTHER PRESENT:

           SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN


    THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl.) No.263 of 2021                 - 2 -

                   K.Vinod Chandran & C.Jayachandran, JJ.
                   --------------------------------------
                          WP(Crl.) No.263 of 2021-S
                   --------------------------------------
                      Dated, this the 29th October 2021

                                        JUDGMENT

Vinod Chandran,J.

The petitioners are the mother and father of the alleged detenue, who is said to be in the illegal custody of respondents 3 and 4 from 12.09.2021. We directed the 2 nd respondent, the Station House Officer, to get a statement from the alleged detenue, through a Woman Civil Police Officer without the presence of respondents 3 and 4 or their family members.

2. The statement has been placed on record. The subject informs us through such statement that she is married to the 3rd respondent and she intends to live with him. We informed the learned Counsel that we could make arrangements for the petitioners to see the daughter. However the petitioners were not interested, especially since the marriage of their daughter is over. In such circumstance, we do not find any reason to keep the matter pending. There is no illegal detention and, hence, no warrant for issuing a writ of habeas corpus.

The writ petition (criminal) would stand closed.

Sd/-

K. Vinod Chandran Judge

Sd/-

C. Jayachandran Judge vku/-

APPENDIX OF WP(CRL.)NO.263/2021

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DATED 02.10.2021 AND THE RECEIPT.