Chandrakanth vs The District Police Chief
2022 Latest Caselaw 5071 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                  &
               THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
        FRIDAY, THE 6TH DAY OF MAY 2022 / 16TH VAISAKHA, 1944
                       WP(CRL.) NO. 385 OF 2022
PETITIONERS:


    1      CHANDRAKANTH, AGED 54 YEARS
           S/O. NARASIMHA VADHYAR,
           VELIYIL, THURAVOOR P.O.,
           CHERTHALA,
           ALAPPUZHA., PIN - 688532

    2      HARI GOVIND C BHAT, AGED 22 YEARS
           S/O. CHANDRAKANTH,
           VELIYIL, THURAVOOR P.O.,
           CHERTHALA, ALAPPUZHA., PIN - 688532

    3      LAKSHMI NARAYANAN C BHAT
           AGED 20 YEARS
           S/O. CHANDRAKANTH,
           VELIYIL, THURAVOOR P.O.,
           CHERTHALA, ALAPPUZHA, PIN - 688532

           BY ADVS.
           BIJU VIGNESWAR
           B.PRAMOD
           ASWATHI SURESH


RESPONDENTS:


    1      THE DISTRICT POLICE CHIEF
           OFFICE OF THE DISTRICT POLICE CHIEF,
           CIVIL STATION WARD, ALAPPUZHA., PIN - 688012

    2      THE STATION HOUSE OFFICER
           KUTHIYATHODU POLICE STATION,
           KUTHIYATHODU P.O.,
           CHERTHALA, ALAPPUZHA., PIN - 688534


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 385 OF 2022
                                    2



                              JUDGMENT

Devan Ramachandran,J.

The petitioners, who are stated to be the

husband and children of Smt.Sindhu, allege

that she has been missing from 21.04.2022 and

is in the illegal detention of some

person/entity.

2. When we heard Sri.B.Pramod - learned

counsel for the petitioners on the afore

lines, we asked the learned Senior Government

Pleader to obtain instructions from the

respondents, who then informed us that the

alleged detenue was residing, on her own free

will, at the YWCA Hostel, Chittor Road, Kochi.

We, therefore, requested the learned Senior

Government Pleader to secure the presence of

the alleged detenue and Smt.Sindhu was before

us at about 3 P.M. today, in the post lunch

session.

WP(CRL.) NO. 385 OF 2022

3. We interacted with Smt.Sindhu, as also

with the petitioners in great detail.

4. Smt.Sindhu told us, in no uncertain

terms, that she is not under detention and

that she is residing in the YWCA Hostel, Kochi

with full volition. She added that she intents

to leave for a foreign country for employment

and that she is doing it without any coercion

from any other person.

5. It is, therefore, apodictic,

particularly because Smt.Sindhu is more than

43 years in age, that no further orders can be

and need to be issued in this writ petition.

This writ petition is thus closed.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

                                             SOPHY THOMAS
   SAS                                          JUDGE
 WP(CRL.) NO. 385 OF 2022

APPENDIX OF WP(CRL.) 385/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE PHOTOGRAPHS OF THE WEDDING CEREMONY BETWEEN THE 1ST PETITIONER AND THE DETENUE.

Exhibit P2 TRUE COPY OF THE PHOTOGRAPH OF THE CEREMONY OF "UPANAYANAM" OF THE YOUNGEST SON, THE 2ND PETITIONER HEREIN.

Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 23.04.2022 SUBMITTED BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 23.04.2022 SUBMITTED BEFORE THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED BACK BY THE PETITIONER FROM THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE ACKNOWLEDGMENT CARD RECEIVED BACK BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT.