Kerala High Court
Nissam C.K vs The Sub Inspector Of Police on 14 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
WP(CRL.) NO. 208 OF 2021
PETITIONER/S:
NISSAM C.K.,
AGED 24 YEARS
S/O. ABDUL KARIM, RESIDING AT CHENAKKARAKUNNEL HOUSE
VAENGALLOOR P.O. THODUPUZHA, TALUK IDUKKI DISTRICT
685 608.
BY ADVS.
L.RAM MOHAN
M.AUBRY ABRAHAM ISSAC
RESPONDENT/S:
1 THE SUB INSPECTOR OF POLICE.
SULTHANBATHERY 675 392.
2 ABDU, VAZHIPARAMBIL HOUSE, NAIKKETTY P.O. SULTHANBATHERY,
WAYANADU DISTRICT 673 592.
OTHER PRESENT:
R1 BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl)No.208 of 2021 2
JUDGMENT
Ziyad Rahman A.A. J.
The petitioner filed this Writ Petition seeking for
issuance of a writ of habeas corpus seeking the
production of Ms.Nourin, daughter of the 2 nd respondent,
before this Court and to set her at liberty. According
to the petitioner, she is under illegal detention of the
2nd respondent.
2. The case of the petitioner is that he is
employed in a private concern at Thodupuzha and he is in
love with the alleged detenue who is studying in
Al Ahzhar college at Thodupuzha for D Pharm course. The
alleged detenue is aged 20 years and both of them have
decided to perform their marriage and to live together.
However, in order to prevent the alleged detenue from
continuing the relationship with the petitioner, the 2 nd
respondent has detained her in his house against the
wish and will of the alleged detenue. This Writ Petition
is filed in the above circumstances.
3. When this Writ Petition came up for admission on
26.8.2021, we passed an order directing the 1 st
respondent to get a statement of the alleged detenue
through a woman police officer without the presence of
her parents or any other family members and to produce
the said statement before this Court. Consequent to the
said direction, the 1st respondent obtained a statement
and the same was produced along with a memo dated
8.9.2021. In the said statement, the alleged detenue
clearly expressed her desire to go along with the
petitioner to perform the marriage between them. It also
reveals that the 2nd respondent is compelling the alleged
detenue to marry another person. However, she stated
that she is not under any illegal detention.
4. In such circumstances, in order to ascertain the
decision of the alleged detenue, we directed the 2 nd
respondent to produce the alleged detenue before the
Secretary, District Legal Services Authority, Kalpetta
on 14.9.2021. Accordingly, the alleged detenue was
produced before the DLSA,Kalpetta today and we had an
interaction with her through video conferencing. She
clearly asserted that she wants to go along with the
petitioner herein. We also interacted with the
petitioner as well as the 2nd respondent. We notice that
the alleged detenue is a major and is capable of taking
a decision on her own. She had opted to live with the
petitioner herein and we could not find any extraneous
influence behind such a decision. As we are convinced
that the alleged detenue has voluntarily and consciously
taken a decision to go along with the petitioner, we
permit her to do so. Accordingly, this Writ Petition is
allowed permitting Ms. Nourin, daughter of the 2 nd
respondent herein, to go along with the petitioner.
The Writ Petition is disposed of with the above
directions.
Sd/-
K.VINOD CHANDRAN,JUDGE
Sd/-
ZIYAD RAHMAN A.A.,JUDGE
pkk
APPENDIX OF WP(CRL.) 208/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 6/8/21.
Exhibit P1(A) TRUE COPY OF THE AD CARD.
//True copy//
Sd/-
P.S. to Judge
