Shobha @ Balkis vs State Of Kerala
2022 Latest Caselaw 932 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

                   THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

                                         &

                    THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

          TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943

                             WP(CRL.) NO. 51 OF 2022

PETITIONER:

               SHOBHA @ BALKIS,
               AGED 52 YEARS,
               W/O. P.M MOOSA ,
               ASHARIPARAMBIL HOUSE,
               THEKKUMTHALA LANE, NEENA ROAD,
               VAZHAKALA
               ERNAKULAM, PIN - 682021

               BY ADV V.S.THOSHIN


RESPONDENTS:

     1         STATE OF KERALA,
               REPESENTED BY THE SECRETARY,
               HOME DEPARTMENT, GOVERNMENT SECRETARIAT
               THIRUVANANTHAPURAM - 695001

     2         THE COMMISSIONER OF THE POLICE,
               ERNAKULAM CITY, ABDUL KALAM MARG,
               MARINE DRIVE
               ERNAKULAM, PIN - 682011

     3         THE STATION HOUSE OFFICER,
               THRIKKAKARA POLICE STATION,
               THRIKKAKARA P.O.,
               ERNAKULAM, PIN - 682030

     4         ABDUL RAHMAN FAIZAL,
               AGE ABOUT 50, SABEENA MANZIL,
               KARUMAKKADU, ARASUMOO, THRIKKAKARA
               ERNAKULAM, PIN - 682030
               BY ADV PUBLIC PROSECUTOR


OTHER PRESENT:

               SRI.E.C.BINEESH - GP

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl) No.51 of 2022

                                       2




         K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
                 ---------------------------------------
                    W.P(Crl.)No. 51 of 2022
                 ---------------------------------------
            Dated this the 25th day of January, 2022


                                   JUDGMENT

Jayachandran, J.

The mother of two children, a son aged 27

years and a daughter aged 22 years, (hereinafter

referred to as the detenues) is the petitioner

before us. She seeks issuance of a writ of Habeas

Corpus, commanding production of the said two

children, who are alleged to have been illegally

detained by the 4th respondent, a man aged 50 years.

2. The petitioner/mother would allege that the

4th respondent introduced himself as a Counselor at a

time when the detenue/daughter suffered a rejection

in her affair with another person. However, the

attitude of the 4th respondent changed thereafter and

he wanted the detenue/daughter and the petitioner to

wear Pardha and Burkha. He started injecting acute W.P.(Crl) No.51 of 2022

religious sentiments into them. According to the 4th

respondent, the petitioner's house and family is

under the spell of wayward influences. The

petitioner's attempt to consider marriage proposals

for her daughter was objected to and interfered with

by the 4th respondent. He instilled a sense of

insecurity in the minds of the detenues, alleging

irreligious practices. He also advanced money to the

detenues. The detenues left the family under the

illegal influence of the 4th respondent. A case was

registered as Crime No.7 of 2022, under Section 57

of the Kerala Police Act, by the 3 rd respondent,

S.H.O. The detenues were produced before the

jurisdictional Magistrate, who made arrangements for

the safe stay of the detenues for three days.

However, the present whereabouts of the detenues are

not known and the petitioner apprehends mischief in

the hands of the 4th respondent. On such premise, the

writ petition is filed seeking the relief above

referred.

W.P.(Crl) No.51 of 2022

3. As per Order dated 14.01.2022, a Division

Bench of this Court directed production of the

alleged detenues before this Court on 19.01.2022 at

10.15 A.M. It was further directed to enquire about

the antecedents of the 4th respondent. On 19.01.2022,

the learned Government Pleader submitted that the

detenues could not be traced out and accordingly, we

directed to produce the detenues before Court, once

they are traced out, with notice to the petitioner's

counsel. In the said order dated 19.01.2022, the

input given by the Police about the 4th respondent

that nothing suspicious is seen from his antecedents

was also recorded. The learned Government Pleader

informed us yesterday that the detenues have been

traced and accordingly, they were produced today

before the Court, through video conferencing. The

petitioner and her husband, (father of the detenues)

are also present.

4. We interacted with the alleged detenues, as

also, their parents. The detenues submitted that W.P.(Crl) No.51 of 2022

they have left the family out of their own free will

and volition. According to the detenues, the family

atmosphere and the life led by the parents were not

congenial. The detenues also submitted that they are

presently residing at Mattannur, near Kannur. The

detenue/daughter would also claim that she has 10

percent share in a private limited company and the

detenue/son had a job, which is presently lost.

Besides, it was pointed out that the detenue/

daughter is a B.Tech holder and she could fetch a

job, without much difficulty.

5. Per contra, the parents of the detenues would

submit that their children fell pray to the

religious poison and distorted spirituality of the

4th respondent. The 4th respondent, by his

machinations, have poisoned the minds of the

detenues and instilled in them a deceitful concept

that there is no life in earth and that detenues

are, in effect, dead. Their remaining life is in the

sky, is the effect of the doctrine injected on the W.P.(Crl) No.51 of 2022

detenues by the 4th respondent, who, in fact,

brainwashed the detenues. According to the

petitioner, the detenues were now apprehended from

the custody of the 4th respondent.

6. These allegations were seriously disputed and

denied by the detenues. According to them, no

effect was created on them by the 4th respondent.

7. The learned Government Pleader submitted that

the detenues were apprehended from the place, where

accommodation were arranged by the 4th respondent.

However, the Police would reiterate that no adverse

remarks could be gathered by them as against the 4 th

respondent.

8. Having heard learned counsel appearing on

both sides, we are not inclined to pursue this

matter anymore. The petitioner approached this

Court with a specific allegation that the detenues

are under illegal detention of the 4th respondent,

and therefore, seeking a writ of Habeas Corpus. The

detenues have been traced and produced before Court. W.P.(Crl) No.51 of 2022

They, however, unequivocally state that they are not

under any detention, illegal or otherwise. According

to them, they took a conscious call to leave their

family and to lead the present life. The detenues

are aged 22 and 27 years respectively and they are

entitled in law to decide for themselves regarding

their future life.

In the absence of any illegal detention of

the detenues, no further action is warranted, with

the result, this writ petition would stand closed.

Sd/-

K.VINOD CHANDRAN JUDGE

Sd/-

C.JAYACHANDRAN JUDGE

NR/25/01/2022 W.P.(Crl) No.51 of 2022

APPENDIX

PETITIONER'S EXHIBITS Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO. 07/2022 OF THRIKKAKKARA POLICE

Exhibit P2 THE TRUE COPY OF THE COMPLAINT BEFORE THE 2ND RESPONDENT DATED 07/01/2022

Exhibit P3 THE TRUE COPY OF THE DIGITAL RECEIPT OF THE EXHIBIT P2 COMPLAINT