Jijo George vs The State Of Kerala
2023 Latest Caselaw 347 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                  &
            THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                     WP(CRL.) NO.1303 OF 2022
PETITIONER:
         JIJO GEORGE
         AGED 27 YEARS
         S/O GEORGE, KANDANKAVIL HOUSE, KOLANI P.O., THODUPUZHA,
         IDUKKI DISTRICT, PIN - 685608

          BY ADV P.ABANI


RESPONDENTS:
    1    THE STATE OF KERALA
         BY THE SECRETARY, HOME DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

   2      THE DEPUTY SUPERINTENDENT OF POLICE, IDUKKI
          KATTAPANA,IDUKKI DISTRICT, PIN - 685608

   3      THE STATION HOUSE OFFICER, MURICKASSERY POLICE STATION
          MURICKASSERY, IDUKKI DISTRICT, PIN - 685604

   4      THE DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA
          IDUKKI DISTRICT, PIN - 685608

   5      MATHUKUTTY,AGED 56 YEARS
          S/O MATHEW, KOCHUPURACKAL HOUSE, VATTAPPARA,PAMPADUMPARA
          VILLAGE,CHEMPALAM P.O., IDUKKI DISTRICT, PIN - 685553

   6      BETTY MATHEW, AGED 46 YEARS,
          W/O MATHUKUTTY, KOCHUPURACKAL HOUSE, VATTAPPARA,
          PAMPADUMPARA VILLAGE, CHEMPALAM P.O.,
          IDUKKI DISTRICT, PIN - 685553

          BY ADVS.
          SACHIN RAMESH, ASADU AHMMED CHULLINTE(K/001377/2018)
          ARAVIND T RAMESH(K/000993/2016)

          SRI.E.C.BINEESH,GOVERNMENT PLEADER


       THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(Crl.) No.1303 of 2022
                                              2




   ALEXANDER THOMAS & MURALI PURUSHOTHAMAN, JJ.
        =================================
                        W.P(Crl.) No.1303 of 2022
             =================================
                       Dated this the 11th day of January, 2023

                                     JUDGMENT

Alexander Thomas, J.

The prayers in the aforecaptioned Writ Petition (Crl.), seeking for

Habeas Corpus are as follows :

"i) To call for the records of the case and issue a writ of Hebeus (sic) Corpus and commanding the respondents 2 & 3 to produce the detenue Emily Priyanka Mathew who is under the Wrongful confinement of R5 an d R6.

ii) To pass a writ of mandamus commanding the 2&3 respondents to take the detenu from the custody of the 5th and 6th respondents and produce the detenue before this court.

iii)To dispense with the filing of English translation of vernacular documents

iv) Grant such other relief as this Hon'ble Court may deem fit and proper in facts and circumstances of the case"

2. Heard Sri.P.Abani, learned counsel appearing for the

petitioner, Sri.E.C.Bineesh, learned Public Prosecutor appearing for

official respondents 1 to 4 and Sri.Sachin Ramesh, learned counsel

appearing for R-5 & R-6.

3. The case set up in the above Writ Petition (Crl.) is to the effect

that the petitioner herein aged 27 years is having a love affair with the W.P(Crl.) No.1303 of 2022

alleged detenue (Ms.Emily Priyanka Mathew, aged 24 years, daughter of

R-5 & R-6) and that they have decided to solemnize and register the

marriage, in accordance with the provisions contained in the Special

Marriage Act and in that regard, they had jointly submitted Ext.P-1 Notice

of Intended Marriage under Sec.5 of the Special Marriage Act, before the

Statutory Marriage Registrar concerned. That, the affair of the petitioner

with the alleged detenue is being seriously opposed by R-5 & R-6, who are

the parents of the alleged detenue and that, it is reliably learnt that the

alleged detenue is under the illegal detention of R-5 & R-6, etc.

4. We had issued notice in this case on 30.12.2022 and had

directed the 3rd respondent (SHO) to conduct enquiries and to furnish

instructions. When the case came up for consideration on 04.01.2023,

Sri.Sachin Ramesh, learned Advocate submitted that he has filed vakalath

for R-5 & R-6 (parents of the alleged detenue) and that the alleged detenue

is voluntarily residing with R-5 & R-6. Further, we were then told that the

alleged detenue would interact with us through video conferencing from

her residence. On 04.01.2023, we had interacted with the alleged detenue

through video conferencing from her residence. She had then told us that

she is voluntarily residing with her parents and that she is not interested to

marry or to live with the petitioner and that, the petitioner had not W.P(Crl.) No.1303 of 2022

disclosed to her that he was a divorcee with a child, etc. The learned

counsel for the petitioner then insisted that this Court may ensure the

production of the alleged detenue before the Secretary, DLSA,

Thodupuzha, so that the Court may interact with her from a neutral venue

like the DLSA premises. Accordingly, we ordered that the alleged detenue

shall report before the Sescretary, DLSA, Thodupuzha on next posting day,

so that we could directly contact with her through video conferencing to be

arranged by the Secretary, DLSA. Today, a video conferencing session has

been arranged by the Secretary, DLSA, Thodupuzha, which has enabled us

to directly interact with the alleged detenue once more. The alleged

detenue has told us in clear and categorical terms that she is voluntarily

residing with her parents and that she is not interested to marry or to live

with the petitioner for the earlier stated reasons, etc. We also interacted

with the petitioner. He was also apprised about the stand of the alleged

detenue. The only issue that requires our consideration and determination

in this writ proceedings is as to whether the alleged detenue is under the

illegal detention and wrongful confinement of R-5 & R-6 or anyone else.

The alleged detenue has told us in clear and categorical terms that she is

now voluntarily residing with her parents. Hence, the case set up in the

above Writ Petition (Crl.), as if the alleged detenue is under the illegal detention W.P(Crl.) No.1303 of 2022

of R-5 & R-6 is patently untenable.

Hence, the above Writ Petition (Crl.) will stand dismissed.

Sd/-

ALEXANDER THOMAS JUDGE

Sd/-

MURALI PURUSHOTHAMAN JUDGE

vgd W.P(Crl.) No.1303 of 2022

APPENDIX OF WP(CRL.) 1303/2022

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF ONLINE APPLICATION FOR MARRIAGE SUBMITTED THROUGH AKSHAYA KENDRA, THODUPUZHA,IDUKKI

EXHIBIT P2 THE TRUE COPY OF PHOTOGRAPHS OF THE PETITIONER AND DETENUE

EXHIBIT P3 THE TRUE COPY OF FIR IN CRIME NO.570/2022 OF MURICKASSERY POLICE STATION

EXHIBIT P4 THE TRUE COPY STATEMENT GIVEN BY THE DETENUE BEFORE THE WPCO NO.4805 MURICKASSERY POLICE STATION DATED 14/11/2022

EXHIBIT P5 THE TRUE COPY OF THE STATEMENT OF THE DETENUE GIVEN BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, IDUKKI DATED 14/11/2022

EXHIBIT P6 THE TRUE COPY OF FINAL REPORT IN CRIME NO.

570/2022 OF MURICKASSERY POLICE STATION DATED 14/11/2022

EXHIBIT P7 THE TRUE COPY OF THE RENT AGREEMENT DATED 23/11/2022

EXHIBIT P8 THE TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT WITH RECEIPT DATED 12/12/2022