Lijin Varghese vs State Of Kerala
2023 Latest Caselaw 1723 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                   &
                THE HONOURABLE MRS. JUSTICE C.S. SUDHA
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                        WP(CRL.) NO. 68 OF 2023
PETITIONER:

          LIJIN VARGHESE
          AGED 25 YEARS
          S/O VARGHESE.P.M,
          PADIPURACKAL HOUSE,
          THANNITHODU.P.O, KONNI,
          PATHANAMTHITTA DISTRICT,
           PIN - 689699
          BY ADVS.
          S.SAJU
          A.V.SAJAN
          ANJANADEVI.G



RESPONDENTS:

    1     STATE OF KERALA
          REP. BY THE HOME SECRETARY TO GOVERNMENT,
          GOVT. SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     THE DISTRICT POLICE CHIEF
          OFFICE OF THE DISTRICT POLICE CHIEF PATHANAMTHITTA,
          PATHANAMTHITTA P.O, PIN - 689045
    3     THE STATION HOUSE OFFICER
          THANNITHODU POLICE STATION,
          PATHANAMTHITTA DISTRICT, PIN - 689699
    4     SHIJU LAL
          AGED 50 YEARS
          S/O. SURENDRAN, NEDUMPALLIL HOUSE, THANNITHIDU P.O,
          KONNI, PATHANAMTHITTA DISTRICT, PIN - 68969
          SRI. SAIGY JACOB PALATTY-SR.GP
     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (Crl.) No.68 of 2023

                                             2



           ALEXANDER THOMAS & C.S.SUDHA, JJ.
          ------------------------------------------------------------------
                             W.P (Crl.) No.68 of 2023
               ------------------------------------------------------------
                          Dated this the 1st day of February, 2023


                                     JUDGMENT

Alexander Thomas , J.

The prayers in the afore-captioned W.P.(Crl.) seeking for habeas

corpus are as follows:

"a) To issue a writ of Habeas corpus and command the respondents no 1 to 3 to produce Anjana Lal, aged 17 years and 4 months, D/o Shiju Lal, address at Nedumpilli House, Thannithodu P.O. Konni, Pathanamthitta district Pin- 689699, before this Hon'ble Court from the wrongful confinement and illegal detention by the 4th respondent and set her at liberty.

b) Pass such other and further directions or order or writ in favour of the petitioner, as this Hon'ble Court may deem fit and proper."

2. Heard Sri.Saju S.Nair, the learned counsel for the

appellant and Sri.Saigi Jacob Palathy, the learned Public Prosecutor

appearing for the official respondents 1 to 3.

3. The case set up in this W.P.(Crl) is to the effect that the

petitioner herein, aged 25 years, is having a love affair with the alleged

detenue (Anjana Lal), aged 17 years and 4 months, daughter of R-4 and

reliably it is learnt that, of late, the alleged detenue is under the illegal

detention or wrongful confinement of R-4 and that the petitioner is not W.P (Crl.) No.68 of 2023

able to interact with her and that this Court may intervene in the matter

etc. We had requested the learned Public Prosecutor to get instructions

on the matter and we have also directed the Secretary, District Legal

Services Authority (DLSA), Pathanamthitta, to seek the assistance of R-3

Station House Officer and a woman Police Official and visit the residence

of R-4 and then to record the statement of the minor alleged detenue,

Anjana Lal, as to whether she is facing any harm or threat to her well-

being from anyone in her house and also to record the statement of R-4.

We also directed that, as the mother of the alleged detenue is now in

Kuwait, steps should be taken by R3-SHO to record the statement of the

mother of the alleged detenue through video call.

4. Today, when the matter has been taken up for

consideration, the Secretary, DLSA Pathanamthitta has given report in

the matter, along with the statement recorded by him from the alleged

detenue. In the said report, the Secretary, DLSA has stated that he had

visited the residence of R-4 and recorded the statement of the alleged

detenue, wherein she told him that she is not under the illegal detention

of her father and she abstained from school for a few days because of her

illness. Further that, she has also apprised the Secretary, DLSA that she

had come to know the petitioner about two years ago through facebook

and he started following her and he was warned by the Vanitha Police W.P (Crl.) No.68 of 2023

Station. Thereafter, there was no face to face interaction between the

alleged detenue and the petitioner but when she was returning from

school on 17/01/2023, the petitioner followed her in a car and the father

of the alleged detenue had intervened in this matter and there occurred a

quarrel between the father and the petitioner etc. Further, the alleged

detenue stated that she has no complaint of ill-treatment or physical

assault against anyone, including her father. Further, the said report

would also indicated that the alleged detenue is staying in the residence

of R-4 along with her maternal grandmother and that the mother of the

detenue is now working in Kuwait. However, we have also gone through

the statement of the alleged detenue recorded by the Secretary, DLSA.

5. The learned Public Prosecutor has also given report of

R-3 SHO in this case, who has also recorded the statements of the alleged

detenue as well as the mother of the alleged detenue. In the said

statement also, the alleged detenue has reiterated that she is not under

the illegal detention or wrongful confinement of her father or anyone else

and that she is not facing any ill-treatment from her father. R-3 SHO has

also written the statement of the mother of the alleged detenue, who is

working in Kuwait, wherein she has stated that the alleged detenue is

happily residing with her father and further that, the alleged detenue has

some breathing problems. The learned Public Prosecutor has also W.P (Crl.) No.68 of 2023

submitted, on the basis of instructions, that the enquiries have revealed

that the petitioner has been constantly following the child, which will

amount to stalking and that the alleged detenue has not completed the

majority age of 18 years and that recently, the police was constrained to

register a crime as Crime No.53/2023 of Pathanamthitta Vanitha police

station, for the offences punishable under Sec.354 D of the IPC and

Section 11(iv) read with Sec.12 of the PoCSO Act, in which the petitioner

herein has been arrayed as the accused. The learned Public Prosecutor

further submits that her final examination for XII standard of CBSE

course will commence this month, in which the alleged detenue has to

appear.

6. The core issue that concerns us in this case for

determination is as to whether the alleged detenue is under the illegal

detention or wrongful confinement of anyone. The abovesaid materials

would clearly indicate that the alleged detenue is voluntarily residing

with her father and maternal grandmother. The Secretary, DLSA has

recorded the statement of the alleged detenue. So also, the police

authorities have also recorded the statement of the alleged detenue and

her mother. We do not have any reasons to disbelieve the abovesaid

factual aspects emanating from these materials. So, the case set up in

this proceedings, as if the alleged detenue is under the illegal detention or W.P (Crl.) No.68 of 2023

wrongful confinement of R-4 or anyone, is absolutely untrue and

incorrect. In that view of the matter, the W.P.(Crl) will stand dismissed.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.S.SUDHA, JUDGE

Jms/01.02 W.P (Crl.) No.68 of 2023

APPENDIX OF WP(CRL.) 68/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LETTER DATED NIL WRITTEN BY THE DETENUE TO THE PETITIONER IN TRANSLITERATION FORMAT IN THE MONTH OF SEPTEMBER ,2022

Exhibit-P2 TRUE COPY OF THE LETTER WRITTEN BY THE DETENUE DATED NIL TO THE PETITIONER IN TRANSLITERATION FORMAT IN MONTH OF JANUARY, 2023