Ebymon Mathew vs Station House Officer
2022 Latest Caselaw 884 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                        &

                    THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

              FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943

                             WP(CRL.) NO. 31 OF 2022

PETITIONER:

               EBYMON MATHEW,
               AGED 29 YEARS,
               S/O.MATHEW N.C.,
               NIRAVATH HOUSE, EDAKADATHY P.O.,
               ERUMELI, KOTTAYAM DISTRICT - 686 510.

               BY ADVS.
               K.S.ARUN KUMAR
               RAJEE P MATHEWS
               AMRUTHA K P
               AMRUTHA P S
               JUSTIN DAVID
               VIJAY SANKAR V.H.


RESPONDENTS:

     1         STATION HOUSE OFFICER
               RANNI POLICE STATION - 689 672.

     2         JOSEPH,
               AGED ABOUT 56 YEARS,
               NAMBIARMADATHIL HOUSE, MANDAMARUTHI P.O.,
               RANNI, PATHANAMTHITTA DISTRICT - 689 676.

               BY ADVOCATE GENERAL OFFICE KERALA


OTHER PRESENT:

               SRI.E.C.BINEESH - GOVERNMENT PLEADER



      THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl) No.31 of 2022

                                  2




        K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
                ---------------------------------------
                   W.P(Crl.)No. 31 of 2022
                ---------------------------------------
           Dated this the 21st day of January, 2022


                          JUDGMENT

Jayachandran, J.

The petitioner, who claims to have an affair

with the alleged detenue for the past 7 years, seeks

issuance of a writ of Habeas Corpus to produce the

detenue before this Court, as also to set her at

liberty, on the allegation that she has been

illegally detained by her father/2nd respondent.

2. According to the petitioner, the detenue was

giving tuition to students at Doha, Qatar, for the

past four years and she is under the illegal custody

of the 2nd respondent on and from the date of her

return from Doha, that is, 23.12.2021.

3. As per Order dated 10.01.2022, a Division

Bench of this Court directed the 1st respondent, SHO,

to obtain the statement of the alleged detenue W.P.(Crl) No.31 of 2022

through a woman Police Officer, without the presence

of 2nd respondent or any other family members. Such

statement was recorded and produced before us,

wherein the alleged detenue would state that she is

not having any relationship with the petitioner for

the past two years, that the petitioner is causing

nuisance to the detenue by contacting her frequently

over phone and that she is not under any illegal

custody.

4. In the light of the above statement, we find

no illegal detention, whatsoever, of the alleged

detenue in the hands of the 2nd respondent/father.

We therefore, dismiss this writ petition as

devoid of merits.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE NR/21/01/2022 W.P.(Crl) No.31 of 2022

APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE S.H.O.RANNI DATED 05/01/2022.

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF PETITION BY RANNI POLICE 06/01/2022.