Dominic Zevier vs The District Police Chief
2022 Latest Caselaw 675 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 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
                          WP(CRL.) NO. 23 OF 2022
PETITIONER/S:

             DOMINIC ZEVIER
             AGED 35 YEARS
             W/O. WILFRED FERNANDEZ, KARIS BHAVAN, ONDEN ROAD, CHALAD,
             AZHIKODE P.O, KANNUR DISTRICT 670 009
             PRESENTLY RESIDING AT KUZHUPPILLIL HOUSE, NEAR KALLATH
             SREE KRISHNA TEMPLE, NETTOOR P.O, ERNAKULAM DISTRICT
             682 040

             BY ADVS.
             C.P.PEETHAMBARAN
             MINI.V.A.



RESPONDENT/S:

     1       THE DISTRICT POLICE CHIEF
             OFFICE OF THE DISTRICT POLICE CHIEF, KALPETTA, WAYANAD
             PIN 673 121

     2       THE STATION HOUSE OFFICER
             MANANTHAVADY POLICE STATION, MANANTHAVADY, WAYANAD
             DISTRICT 670 645

     3       THE CITY POLICE COMMISSIONER
             ERNAKULAM, OFFICE OF THE DISTRICT POLICE COMMISSIONER,
             BANERJEE ROAD, ERNAKULAM 682 031

     4       THE STATION HOUSE OFFICER
             PANANGAD POLICE STATION, PANANGAD , ERNAKULAM 682 506

     5       LIBIN CHACKO
             PAITTUVIRUTHIL HOUSE, KAMBALLUR P.O, KASARGOD DISTRICT
             670 511
             (PRESENTLY WORKING AT ZAROOB CAFE, PARUTHIPALAM ROAD,
 WP(Crl) No. 23 of 2022              2

              EDAPPALLY TOLL, EDAPPALLY, KOCHI 682 024


OTHER PRESENT:

              FOR R1 TO R4 BY SRI.E.C.BINEESH, GOVERNMENT PLEADER




       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(Crl) No. 23 of 2022                     3

                                    JUDGMENT

Ziyad Rahman A.A., J.

This Writ Petition is filed by the petitioner

praying for issuance of a Writ of Habeas Corpus

directing respondents 1 to 4 to produce the body of

Smt.Asha Dominic, aged 32 years before this Court

and set her at liberty. According to the petitioner,

the alleged detenue who is his wife is under illegal

detention of the 5th respondent.

2. The marriage between the petitioner and the

5th respondent was solemnized on 3.1.2008 as per

Christian religious rites. In the said wedlock,

three children were born to them and they were

residing together. The 5th respondent is the half

brother of the alleged detenue ie. the son of the

father of the alleged detenue born in different

mother. It is the case of the petitioner that the 5 th

respondent enticed the alleged detenue and had taken

her away. It is pointed out that, at the moment, the

whereabouts of the alleged detenue is not known to

the petitioner and it is apprehended that, she is

under illegal detention of the 5th respondent.

3. When the Writ Petition came up for admission

on 7.1.2022, we passed an order directing the

Station House Officer, Kalamassery or the Station

House Officer, Palarivattom whoever has jurisdiction

over the place of residence of the 5 th respondent, to

inquire into the matter and to file a report as to

the whereabouts of the alleged detenue. In

compliance of the said direction, a report was made

available before us by the Senior Government Pleader

along with a statement of the alleged detenue

recorded by a woman police officer attached to

Kalamassery Police Station. On going through the

aforesaid statement, it can be seen that, the

alleged detenue denied the illegal detention as

alleged in the Writ Petition. According to her,

while she was living along with the petitioner and

the children, on 12.12.2021, she alone was taken to

a residence at Vazhakkala and abandoned. Thereafter,

the petitioner is not looking after her, nor is she

allowed to see the children. As she has no other

means for survival, she is working in a textile shop

at Thrikkakara. It is also stated that, the 5th

respondent is her younger half brother and he has

made necessary arrangements for her residence. The

employment which she is engaged in is with the

knowledge of her family members at Wayanad. It is

asserted by her that, she is not under any illegal

detention.

4. On going through the contents of the

aforesaid statement, it is evident that, the alleged

detenue is not under any illegal detention as

alleged by the petitioner. The aforesaid statement

indicates some matrimonial disputes between the

petitioner and the alleged detenue. A Writ of Habeas

Corpus can be issued only in a case where it is

established that the person concerned is under any

illegal detention. There are no materials to

indicate such illegal detention in this case. In

such circumstances, we are of the view that, no case

is made for issuance of a Writ of Habeas Corpus.

Thus, we do not find any merit in this Writ

Petition and accordingly, it is dismissed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

ZIYAD RAHMAN A.A.

JUDGE pkk

APPENDIX OF WP(CRL.) 23/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE PHOTOGRAPHS SHOWING THE PROFILES OF THE 5TH RESPONDENT WITH THE DETENU

Exhibit P2 TRUE COPY OF THE FIR IN CRIME NO. 6/2022 ALONG WITH THE STATEMENT OF PANANGAD POLICE STATION