Sahadevan vs Station House Officer
2023 Latest Caselaw 5260 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                   &
                THE HONOURABLE MRS. JUSTICE C.S. SUDHA
    THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                       WP(CRL.) NO. 376 OF 2023
   CRIME NO.0471/2023 OF Kalamassery Police Station, Ernakulam
PETITIONER:

          SAHADEVAN
          AGED 55 YEARS
          S/O KRISHNAN, CHALAKKATTU (H) KUNNATHERY,
          THAIKKATTUKARA P.O., ALUVA,
          ERNAKULAM DISTRICT, PIN - 683106
          BY ADVS.
          KRISHNADAS P. NAIR
          K.L.SREEKALA
          M.A.VINOD
          HARIDAS P.NAIR
          SHINTO THOMAS
          M.RAJESH KUMAR
          PRASOON.K.P
          K.G.MANOJ KUMAR
          ANU PRABHAKAR
RESPONDENTS:

    1     STATION HOUSE OFFICER,
          KALAMASSERY POLICE STATION, KALAMASSERY P.O.,
          ERNAKULAM, PIN - 686105
    2     THE COMMISSIONER OF POLICE,
          ERNAKULAM CITY, ERNAKULAM, PIN - 682011
    3     UDAYAKUMAR,
          AGED 26 YEARS, S/O PUSHPARAJ, 2/66, MIDDLE STRET,
          VADAKKU PANAVADALI, SANKARA KOVIL,
          THIRUNELVELI, PIN - 627953
    4     THE STATION HOUSE OFFICER,
          PANAVADALI CHATRAM POLICE STATION,
          THIRUNELVELI, PIN, PIN - 627953
          SRI.PREMCHAND R., SENIOR G.P.
          P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC PROSECUTOR
     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(CRL.) NO. 376 OF 2023

                                      2


                                JUDGMENT

Dated this the 20th day of April, 2023 Anu Sivaraman, J.

Heard the learned counsel for the petitioner, the learned Public

Prosecutor as well as the learned counsel appearing for the 3 rd respondent.

2. We have also interacted with the alleged detenue. She states that she

is living with the 3rd respondent and has married him at a temple and that

she intends to continue residing with the 3 rd respondent at Athani and is

willing to continue her education.

We are therefore of the opinion that there is no illegal detention

involved. This W.P.(Crl.) is therefore closed, recording that the detenue

intends to continue living with the 3rd respondent at Athani.

Sd/-

ANU SIVARAMAN JUDGE

sd/-

C.S. SUDHA JUDGE NP WP(CRL.) NO. 376 OF 2023

APPENDIX OF WP(CRL.) 376/2023

PETITIONER'S EXHIBITS ExhibitP1 THE PHOTOGRAPH OF THE DETENUE ExhibitP2 THE TRUE COPY OF THE FIR HAVING NO. 471/2023 OF THE KALAMASSERY POLICE STATION RESPONDENTS' EXHIBITS: NIL