Kerala High Court
Karthik Kishor vs State Of Kerala on 30 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 30TH DAY OF DECEMBER 2022/9TH POUSHA, 1944
WP(CRL.)NO.1301 OF 2022
PETITIONER :-
KARTHIK KISHOR, AGED 19 YEARS
S/O.KISHOR, VENNAMPILLY HOUSE,
CHENDAMANGALAM (PO), KARIMPADAM, N.PARAVUR,
ERNAKULAM DISTRICT, PIN - 683 512
BY ADVS.
P.S.ANISHAD
K.R.ARUN KRISHNAN
LIMNA BHASKARAN
RESPONDENTS :-
1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN - 695 010.
3 THE STATION HOUSE OFFICER
WOMEN CELL, ERNAKULAM RURAL,
ALUVA, ERNAKULAM DISTRICT, PIN - 683 101.
4 NAVAS
AGE AND S/O.NOT KNOWN TO THE PETITONER,
POONKUZHIPPARAMBU HOUSE, MANNAM P.O,
MANJALI, ERNAKULAM DISTRICT, PIN - 683 520
BY ADV.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.)NO.1301 OF 2022
-: 2 :-
ANU SIVARAMAN, J. & C. JAYACHANDRAN, J.
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W.P.(Crl.) No.1301 of 2022
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Dated this the 30th day of December, 2022
JUDGMENT
Anu Sivaraman, J.
This Writ Petition (Criminal) is filed on the ground
that the detenue is under the illegal detention of the 4 th
respondent, who is the father.
2. It is contended that the petitioner and the alleged
detenue, who is a fashion designer student, are both major
and had decided to live together as husband and wife. It is
further stated that she had come from her house and
accompanied the petitioner. A petition was preferred by
the 4th respondent, who is the father of the detenue, before
the Station House Officer, that is, the 3 rd respondent. The
3rd respondent summoned the parents of the petitioner, the
alleged detenue and the petitioner and she had expressed
her desire to go with the petitioner. It is stated that on
20.11.2021, after recording the undertaking of the father
WP(CRL.)NO.1301 OF 2022
of the petitioner that he will take care of the detenue in his
house, she was sent along with the petitioner and was
residing with the petitioner under the care of his father.
However, on 5.12.2022, the parents of the alleged detenue
have come to the house of the petitioner and had taken her
back to their residence at Manjali in Ernakulam District on
the pretext that her grand mother is unwell. It is stated
that thereafter, the 4th respondent and his wife had not
permitted the petitioner to contact the girl and that the
petitioner is under the apprehension that the education of
the alleged detenue is in peril and she will not be
permitted to attend college.
3. The girl was produced before us by the
jurisdictional police and we interacted with her. She
specifically states that she is not under any illegal
detention by her parents and that the parents have
assured her that she will be permitted to continue her
education and that after she acquires a proper
employment, her future will also be duly decided taking
WP(CRL.)NO.1301 OF 2022
her interest into consideration. She has specifically
expressed her desire not to accompany the petitioner but
to go back with her parents. She insists that there is no
illegal detention.
In the above view of the matter, this writ petition
is closed recording that the girl is not under illegal
detention.
Sd/-
ANU SIVARAMAN
JUDGE
Sd/-
C. JAYACHANDRAN
JUDGE
Jvt/30.12.2022
WP(CRL.)NO.1301 OF 2022
APPENDIX OF WP(CRL.) 1301/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AADHAR CARD OF THE DETINUE.
Exhibit P2 A TRUE COPY OF THE ACKNOWLEDGE RECEIPT ISSUED BY
THE 3RD RESPONDENT, DATED 24/12/2022.
