Brijith Raj C.P vs Station House Officer
2021 Latest Caselaw 19626 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT
            THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
                                &
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    FRIDAY, THE 17TH DAY OF SEPTEMBER 2021 / 26TH BHADRA, 1943
                     WP(CRL.) NO. 211 OF 2021
PETITIONER/S:
           BRIJITH RAJ C.P.
           AGED 24 YEARS
           S/O. BABURAJAN C.P. CHAKKALAKKAN PURAYI VEEDU, P.O,
           AAKODE, VAZHAKKAD - 673640, MALAPPURAM DISTRICT.
           BY ADV C.DINESH(K/782/2000)
RESPONDENT/S:
     1     STATION HOUSE OFFICER
           VAZHAKKAD, VAZHAKKAD POLICE STATION, MALAPPURAM
           DISTRICT - 673640,
     2     DEPUTY SUPERINTENDENT OF POLICE
           MALAPPURAM, MALAPPURAM DISTRICT - 676509.
     3     DISTRICT SUPERINTENDENT OF POLICE
           MALAPPURAM - 676521.
     4     BALASUBRAMANIAN
           CHOLLAYICHALIL VEEDU, CHERUVAYOOR P.O, VAZHAKKAD,
           MALAPPURAM DISTRICT - 673645
     5     BINESH K.P
           KANNANCHERI PUTHOOR, VELLIKKUNNU PARAMBIL HOUSE,
           PANTHEERANKAVU P.O, KOZHIKODE DISTRICT - 673019.


OTHER PRESENT:

          SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl)No.211 /2021                 2




                              JUDGMENT

Ziyad Rahman A.A., J.

The petitioner who is working as Automation Engineer

in Synotipics Technologies at Calicut has filed this writ

petition seeking issuance of a writ of habeas corpus

directing the respondents 1 to 3 to produce Ms. Anakha,

the daughter of the 4th respondent before this Court and

set her at liberty. According to him, the said Anakha is

under illegal detention of the 4th and 5th respondents.

2. The case of the petitioner is that he and the

alleged detenue are in a love affair. They want to get

married and live together. The alleged detenue is a major

and has completed B.Sc nursing course. The 4th respondent,

the father of the alleged detenue with the aid of the 5th

respondent who is her maternal uncle, in order to prevent

the alleged detenue from continuing the relationship with

the petitioner, has detained her in their house against

her will and wish. The writ petition is filed in the

above circumstances.

3. When the writ petition came up for admission

before this Court on 3.9.2021, we passed an order

directing the 1st 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 submit the said statement before this Court. In

compliance of the said direction, a statement was

recorded and the same is placed on file. In the said

statement, it is mentioned that, she is under certain

restrictions in her house. Her freedom to use mobile

phone and to go out of the house were restricted by her

family members. She acknowledged the relationship with

the petitioner herein and has expressed her desire to

live with him. In such circumstances, on 14.9.2021 we

passed an order directing the 4th respondent to produce

the alleged detenue before the Secretary, District Legal

Services Authority, Manjeri on 17.9.2021 so as to have an

interaction with her through video conferencing.

Accordingly, she was produced today and we interacted

with her. She asserts that she is detained by her family

members and she wishes to go along with the petitioner

herein. We also interacted with the father of the alleged

detenue and appraised him about the desire expressed by

the alleged detenue. We notice that, the alleged detenue

is a major and is capable of taking a decision on her

own. Nothing is brought before us indicating any

extraneous reasons or influence which compels the alleged

detenue in arriving at a decision to go along with the

petitioner. We are convinced that she has consciously and

without any compulsion expressed her desire to go along

with the petitioner.

In such circumstances, the writ petition is disposed

of granting liberty to the alleged detenue to go along

with the petitioner. Ordered accordingly.

Sd/-

K.VINOD CHANDRAN, JUDGE

Sd/-

ZIYAD RAHMAN A.A., JUDGE

pkk

APPENDIX

APPENDIX OF WP(CRL.) 211/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 29.08.2021, WHICH WAS REFUSED TO ACCEPT BY THE 1ST RESPONDENT.

//True copy//

Sd/-

P.S. to Judge