Blessy Tomy vs The Circle Inspector Of Police
2021 Latest Caselaw 20108 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 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943
                         WP(CRL.) NO. 220 OF 2021
PETITIONER/S:

     1        BLESSY TOMY
              AGED 55 YEARS
              W/O.TOMY JOSEPH, RESIDING AT PUTHUSSERRY (H), AMULYA
              STREET, BANERJI ROAD, COCHIN-18.

     2        TOMY JOSEPH,
              AGED 60 YEARS
              S/O.P.T.JOSEPH, RESIDING AT PUTHUSSERY HOUSE, AMULYA
              STREET, BANERJI ROAD, COCHIN-18.

              BY ADV BINDU SREEKUMAR



RESPONDENT/S:

     1        THE CIRCLE INSPECTOR OF POLICE
              CENTRAL POLICE STATION, ERNAKULAM-682018.

     2        THE COMMISSIONER OF POLICE,
              COCHIN CITY-682035.

     3        GINAL BABU RAJ,
              AGED 32 YEARS
              S/O.BABU RAJ, H.NO.05EA, OPPOSITE COMMANDERS STADIUM,
              NAVAL BASE, COCHIN-682004.

              BY ADVS.
              A.CHANDRA BABU
              PREJITHA S.SALIM
              AVIJITH A.V
              REMYA MURALI
 W.P.(Crl)No.220 of 2021             2

OTHER PRESENT:

              FOR R1 & R2 SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN




       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 24.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl)No.220 of 2021                      3




                                     JUDGMENT

Ziyad Rahman A.A., J.

This Writ Petition is filed by the petitioners

seeking issuance of a writ of habeas corpus directing

the production of their daughter Ms.Niya Tomy, aged 25

years before this Court and to set her at liberty from

the illegal detention of the 3rd respondent.

2. The case of the petitioners is that, their

daughter, the alleged detenue is a B.Tech and MBA degree

holder and is presently working as Academic Counselor in

Leeshore Logistics Vallarpadam, Ernakulam. The alleged

detenue left home on 13.09.2021 at 8.30 a.m. for her

office, but did not return back. There was no response

from her when the petitioners contacted her through

mobile phone. Later, the petitioners received a

telephone call from another number asking them to reach

Thoppumpady Police Station to see their daughter. When

they reached the Police Station, Thoppumpady, the

alleged detenue was found along with the 3 rd respondent

and even though they tried to interact with the alleged

detenue, they were not permitted to do so. Later, the

alleged detenue was sent along with the 3 rd respondent by

the police. Similarly on two occasions thereafter, calls

were received by the petitioners asking them to reach at

Kadavanthra and also at Police Station to interact with

the alleged detenue, but on both occasions, no

interaction took place. In such circumstances, they

submitted Ext.P1 complaint before the 1st respondent.

According to the petitioners, the alleged detenue is

under illegal detention by the 3rd respondent. This Writ

Petition is filed in the above circumstances.

3. When this Writ Petition came up for admission

on 20.09.2021, we passed an order directing the

production of the alleged detenue before this Court on

24.09.2021. In compliance of the said direction, the

alleged detenue along with the 3rd respondent appeared

before this Court on 24.09.2021. In the morning at 10.15

a.m., we interacted with the alleged detenue alone and

she expressed her desire to go along with the 3rd

respondent. She also stated that their marriage was

already performed as per Hindu religious rites and steps

are being taken to register the marriage between them

under the Special Marriage Act. We kept aside the matter

for a short while so as to enable the petitioners to

have an interaction with the alleged detenue for some

time. Later, after about one hour, the matter was taken

up and we interacted with the alleged detenue again. On

that occasion also she asserted her desire to go along

with the 3rd respondent and to live with him as husband

and wife. We notice that the alleged detenue is aged 25

years with high educational qualifications. She is self-

sufficient and well-placed in her career also. We do not

find any reason to arrive at a conclusion that she is

under any illegal detention. The materials placed before

us and also the interaction which we had with the

alleged detenue clearly lead us to the conclusion that

she has taken a conscious decision without any undue

influence from any person.

In such circumstances, we do not find any reason to

entertain this Writ Petition and accordingly, it is

dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE

pkk

APPENDIX OF WP(CRL.) 220/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE POLICE COMPLAINT DATED 13.09.2021 LODGED BY THE 2ND PETITIONER.

Exhibit P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER.