Soman Pillai P vs Hashim
2022 Latest Caselaw 4899 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. 365 OF 2022
PETITIONER:

            SOMAN PILLAI P., AGED 70 YEARS
            S/O. PARAMESHWARAN UNNITHAN, SREESHAILAM,
            KUDASSANAD P.O., ALAPPUZHA DISTRICT-689512.

            BY ADVS.
            N.SATHEESH
            S.ARAVIND
            K.JANARDHANA SHENOY


RESPONDENTS:

    1       HASHIM, AGED 31 YEARS, S/O. HUSSAIN,
            STAR DAYS DATA ENTRY, PALARIVATTOM,
            ERNAKULAM, NOW RESIDING AT MANNOOR FLATS,
            PBK MYNA CRASH ROAD, VAZHAKKALA,
            CHEMBUMUKKU, ERNAKULAM-682030.

    2       COMMISSIONER OF POLICE,
            KOCHI CITY-682011.

    3       THE STATION HOUSE OFFICER,
            THRIKKAKKARA POLICE STATION,
            ERNAKULAM-682030.

    4       THE STATION HOUSE OFFICER,
            NOORANAD POLICE STATION,
            ALAPPUZHA DISTRICT-690504.

    5       THE STATE OF KERALA, REPRESENTED BY THE
            SECRETARY TO GOVERNMENT, HOME AFFAIRS DEPARTMENT,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl) 365/22
                                 2

                       JUDGMENT

C.S.DIAS, J.

The Writ Petition is filed, seeking a writ of Habeas

Corpus, to command the respondents 2 to 5 to produce

the petitioner's daughter named Sreeparvathy (the

alleged detenue) before this Court.

2. The petitioner's case is that his unmarried

daughter/alleged detenue is under the illegal

confinement of the 1st respondent. The 1st respondent is

married and has a three year old child. He is a person

with criminal antecedents. The petitioner fears that his

daughter would be abused by the 1st respondent.

3. Pursuant to the order passed by this Court on

26.04.2022, the 3rd respondent - Station House Officer -

has produced the alleged detenue before this Court.

4. We have interacted with the alleged detenue at

length. She has stated that she is residing with her

friend in an apartment in Ernakulam and not with the 1 st

respondent as alleged in the writ petition. She also WP(Crl) 365/22

alleged that the petitioner and his wife are compelling

her to marry a person against her will. The petitioner

got the alleged detenue admitted to a mental hospital.

Thereafter, she was sent to Haryana to live with her

sister. She somehow managed to return to Ernakulam

and she is now living with her friend.

5. We have also interacted with the petitioner

and his wife. The petitioner has stated that he has filed

this writ petition just to ascertain whether the alleged

detenue is in safe hands. However, he is not interested

to take the alleged detenue with him.

6. In the light of the statement made by the

alleged detenue, that she is living with her friend in

Ernakulam on her free will and volition, we do not find

any case of illegal detention by the 1st respondent as

stated in the writ petition. The alleged detenue has

attained the age of majority. Following the law laid

down by the Honourable Supreme Court in Shafiri

Jahan v. Asokan K.M. and Others [AR 2018 SC 1933],

the alleged detenue is free to live her life. We do not WP(Crl) 365/22

find any merit in this Writ Petition.

In the result, this Writ Petition is dismissed. The

alleged detenue is at liberty to live her free and

independent life.

Sd/-

C.S.DIAS, JUDGE

Sd/-

RR                           C. JAYACHANDRAN, JUDGE
 WP(Crl) 365/22


                 APPENDIX OF WP(CRL.) 365/2022

PETITIONER EXHIBITS
Exhibit P1          A TRUE COPY OF THE RECEIPT DATED
                    10.12.2021 ISSUED FROM THE 4TH
                    RESPONDENT.
Exhibit P2          A TRUE COPY OF THE COMPLAINT DATED

21.4.2022 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT.