Biju M.S vs State Of Kerala
2022 Latest Caselaw 4799 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
                                     &
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
                      WP(CRL.) NO. 328 OF 2022
PETITIONER/S:
          BIJU M.S., AGED 51 YEARS
          S/O. P.V. CHANDRA MOHAN, DEVA MEENAKSHI,
          NAVAYIKULM P.O., THIRUVANANTHAPURAM 695 603.
            BY ADVS.
            R.KRISHNA RAJ
            E.S.SONI
            KUMARI SANGEETHA S.NAIR
            RESMI A.

RESPONDENT/S:
    1     STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
          GOVERNMENT, HOME DEPARTMENT ,
          SECRETARIAT,THIRUVANANTHAPURAM 695 001.
    2       STATION HOUSE OFFICER ,
            KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM
            695 0101, REPRESENTED BY PUBLIC PROSECUTOR, HIGH
            COURT OF KERALA,
    3       NISHAD .R, AGED 33 YEARS
            S/O. RASHEED, KATTUMPURATHIL VEEDU, MYTHRI NAGAR,
            KALLUTHAZHAM P.O., KOLLAM 691 004.
            BY ADV Biju P.P

     THIS    WRIT    PETITION     (CRIMINAL)        HAVING    COME   UP   FOR
ADMISSION    ON     29.04.2022,     THE     COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(Crl) 328/2022

                                            2


             C.S.DIAS & C.JAYACHANDRAN, JJ.
          ------------------------------------
                            WP(Crl) No.328 of 2022
         -------------------------------------
         Dated this the 29th day of April, 2022

                               J U D G M E N T

Jayachandran, J.

1. Petitioner is the father of the alleged

detenue. In the instant writ petition, the

petitioner seeks issuance of a writ of habeas

corpus mandating production of his daughter, aged

18 years, before this Court on the premise that

she is under illegal detention of the 3rd

respondent herein.

2. In the writ petition, the petitioner would

allege that his daughter had just crossed the age

of 18 years and that she had not returned from the

college on 14.3.2022, whereafter she is missing.

Upon enquiry, the petitioner came to know that his

daughter/detenue is in the custody of the 3 rd

respondent, later substantiated by a message sent

by the third respondent to the petitioner. WP(Crl) 328/2022

According to the petitioner, the custody of the

detenue with the third respondent is against her

will and, therefore, illegal. On such premise, the

petitioner seeks the relief above referred.

3. By order dated 7.4.2022, we directed

production of the alleged detenue before the

Secretary, District Legal Services Authority,

Kollam on 12.4.2022. Accordingly, the alleged

detenue was produced, whereupon she expressed her

desire to go along with her parents. For

reiteration, the alleged detenue was directed to

be produced before this Court today along with her

parents. Accordingly, the detenue, third

respondent and the parents of the detenue are

present before us today. We have interacted with

the alleged detenue and she expressed her firm

desire to live with her parents.

4. The third respondent submitted that the

alleged detenue was comfortably staying with him

until she was produced before the DLSA, Kollam on WP(Crl) 328/2022

12.4.2022, where the alleged detenue was permitted

to interact with her parents, without the presence

of the third respondent. According to the third

respondent, the detenue had changed her stand only

on the undue influence of her parents. We discount

the said submission of the third respondent for

the reason that the alleged detenue has reiterated

her desire before us today, after the expiry of

more than 15 days from 12.4.2022.

5. Inasmuch as the alleged detenue is firm in her

resolve to be with her parents, we allow this Writ

Petition and direct the alleged detenue to be set

free, so as to enable her to live her free and

independent life.

6. In the eventuality of any threat from the

third respondent, we direct the second respondent

to afford adequate and necessary protection to the

alleged detenue and her parents to avert such

threat, and to initiate prompt action, in

accordance with law, on the event of such high- WP(Crl) 328/2022

handed action, if any. We further direct the

Registry to mask the file, so as to maintain

confidentiality of the records and privacy of the

parties. Copies of any document, forming part of

the file, shall not be issued to the parties or

any person, except with the permission of the

court concerned as per roster. Finally, we also

direct the Registry to show the names of the

petitioner and third respondent in the judgment

and subsequent orders as 'X' and 'Y' to maintain

their privacy.

The Writ Petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE

Sd/-

C.JAYACHANDRAN JUDGE jg WP(Crl) 328/2022

APPENDIX OF WP(CRL.) 328/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN B.A. 5288 OF 2009 OF THE HON' BLE COURT OF KERALA DATED 09.12.2009.

Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE POLICE DATE 14.03.2022.

Exhibit P3 TRUE COPY OF THE FIR NO. 0197/2022 OF KALLAMBALAM POLICE STATION DATED 14.03.2022.

Exhibit P4 TRUE COPY OF THE AADHAAR CARD NO.

93016932 6358 DATED 30.10.2012. Exhibit P5 TRUE COPY OF THE NOTICE OF INTENDED MARRIAGE DATED 22.3.2022.

RESPONDENT EXHIBITS EXHIBIT R3(a) TRUE COPY OF THE STATEMENT OF ALLEGED MISSING GIRL NAMED MEENAKSHI S BIJU DATED 16/3/2022 RECORDED BY THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE-III, ATTINGAL EXHIBIT R3(b) COPY OF THE PHOTOGRAPHS EXHIBIT R3(c) TRUE COPY OF THE BIRTH CERTIFICATE OF THE DETINUE ISSUED BY THE PATHANAPURAM GRAMAPANCHAYAT, PATHANAPURAM