Kerala High Court
Sukhdev Sagar vs The District Police Chief on 12 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(CRL.) NO. 1265 OF 2022
PETITIONER/S:
SUKHDEV SAGAR
AGED 21 YEARS
KARUNYAM HOUSE, CHULLIKKAMBALATH,
ERAMANGALAM P.O, KOZHIKODE, PIN - 673612
BY ADVS.
A.CHANDRA BABU
C.MADHUSUDHANAN
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF
DISTRICT POLICE HEAD QUARTERS,
PAVAMANI RD, TAZEKKOD,
KOZHIKODE, PIN - 673004
2 THE SHO
BALUSEERY POLICE STATION,
THAMARASSERY RD,
KOZHIKODE
, PIN - 673612
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR()
BY SRI. E.C. BINEEESH - GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP
FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) 1265 of 2022
2
ALEXANDER THOMAS & MURALI PURUSHOTHAMAN , JJ.
=============================================
W.P.(Crl.) No. 1265 of 2022
=========================
Dated this the 12th day of January, 2023
JUDGMENT
Alexander Thomas, J.
The prayers in the instant Writ Petition(Crl) seeking for
issuance of writ of habeas corpus and writ of certiorari are as
follows:-
(i) Issue writ of Habeas Corpus directing the respondents 1 and
2 to produce Shabna T.G., D/o. Gangadharan, aged 40 years
Karunyam House, Chullikkambath, Eramangalam P.O.,
Balusserry, Kozhikode, Pin- 673612, before this Hon'ble Court.
(ii) Issue any other relief that this Hon'ble High Court may
deem fit to grant in the facts and circumstances of the case.
2. Heard Sri. Nemam Chandra Babu leared counsel
appearing for the petitioner and Sri. E.C. Bineesh learned Public
Prosecutor appearing for the respondents.
3. The case set up in the above Writ Petition (Criminal) to
the effect that the petitioner herein, aged 21 years, is the son of the
W.P.(Crl.) 1265 of 2022
alleged detenue (Smt. T.G. Shabna aged 40 years), and that the
petitioner and his younger brother, aged 16 years, are the two
children born to the alleged detenue.
4. Petitioner's father is a lorry driver. The petitioner and
his younger brother aged 16 years are the two children born to his
parents, and that since 17.11.2022, the alleged detenue who is the
mother of the petitioner was found missing from their home and
complaint given by the petitioner to the police authorities was not
successful etc.
5. We have issued notice in this case and had directed the
respondents to ensure production of the alleged detenue before the
Secretary, District Legal Services Authority, Kozhikode, who in turn
was directed to facilitate a video conferencing session to enable us
directly interact with the alleged detenue.
6. We have interacted with the alleged detenue on the
previous occasion (4.1.2023) as well as on today.
7. The alleged detenue has told us that she has been
W.P.(Crl.) 1265 of 2022
frequently subjected to cruelty and harassment by her husband and
that he was also financially exploiting her and that he had availed
a loan in the name of the petitioner for Rs.22 lakhs from a private
bank to purchase a lorry and thereafter he had sold the lorry and
the bank is now initiating the process of recovery steps against the
petitioner. Since the petitioner was forced to seek a gainful
employment and thus she is now working as a warden in a ladies
hostel attached to a coaching centre in Kozhikode town and that,
she voluntarily left her marital home, due to the above said
reasons and that she is not under the illegal detention or wrongful
confinement of anyone.
8. The respondent police authorities have also conducted
enquiry and filed a statement dated 11.1.2023 in this case. The
respondent SHO has also broadly stated the above said factual
aspects narrated herein above by the petitioner.
9. We do not find any reasons to disbelieve the version of
the alleged detenue. The only issue that concerns our
determination in this writ proceedings as to whether the alleged
W.P.(Crl.) 1265 of 2022
detenue is under the illegal detention of any one. The secondary
issue is as to the steps to be taken by the police for tracing out the
alleged detenue, who was stated to be a missing person. From the
stand, apprised to us by the alleged detenue, on two occasions, it
is clear that she has voluntarily left her marital home and the
factual plea of the petitioner that she is under the wrongful
confinement etc., is factually not tenable. Further, the police has
now located the alleged detenue and as per the aspects relating to
the missing case has also been duly resolved by the police.
10. In our interaction, the alleged detenue told us that she
wants some time to stabilise her income and thereafter, if it is
financially feasible, she may take a rented house so that she can live
along with her two sons and that, as of now, she is not interested to
live with her husband under the same roof due to the earlier stated
reasons. Further, on being queried, the alleged detenue has told us
that both the sons can visit her at any time in the place where now
she is working.
11. No other orders and directions are called for.
W.P.(Crl.) 1265 of 2022
With these observations and directions, the above Writ
Petition (Crl) will stand disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
al/-
W.P.(Crl.) 1265 of 2022
APPENDIX OF WP(CRL.) 1265/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED
18.11.2022 SUBMITTED BY THE PETITIONER TO
THE 2ND RESPONDENT
