Shibu K G vs State Of Kerala
2023 Latest Caselaw 2830 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 MARCH 2023 / 10TH PHALGUNA, 1944
                       WP(CRL.) NO. 184 OF 2023
PETITIONER:

          SHIBU K G
          AGED 38 YEARS
          S/O K. KRISHNAN,
          RESIDING AT K G BHAVAN, KANNANKARAKONAM,
          16TH MILE STONE, THONAKKAL P.O, MELTHONNAKKAL,
          THIRUVANANTHAPURAM DISTRICT,PIN - 695317
          BY ADV P.T.SHEEJISH



RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO HOME DEPARTMENT,
          SECRETARIAT, THIRUVANANTHAPURAM DISTRICT,
           PIN - 695001
    2     DISTRICT POLICE CHIEF
          KOTTAYAM, OFFICE OF THE DISTRICT POLICE CHIEF,
          KOTTAYAM, COLLECTORATE P.O, KOTTAYAM DISTRICT,
           PIN - 686002
    3     THE STATION HOUSE OFFICER
          CHANGANASSERY POLICE STATION, KOTTAYAM DISTRICT,
           PIN - 686101
    4     KURIAKOSE
          RESIDING AT KAINIKARA HOUSE, PAYIPPAD VILLAGE,
          CHANGANASSERY, PALLICKACHIRAKAVALA P.O, KOTTAYAM
          DISTRICT, PIN - 686537

          BY ADV GOVERNMENT PLEADER
          SRI. SAIGI JACOB PALATTY-SR. GP

     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl.Appeal.No.184 of 2023
                                        2




             ALEXANDER THOMAS & C.S.SUDHA, JJ.
          =========================================
                      W.P.(Crl.)No.184 of 2023
          =========================================
                 Dated this the 1st day of March, 2023

                               JUDGMENT

C.S.SUDHA, J.

In the writ petition, it is stated that the petitioner and the alleged

detenue, (the daughter of R-4) are in a relationship and that they have

decided to live together. However, as both of them belong to different

religions, the parents of the alleged detenue is opposing the relationship and

that presently the alleged detenue is being kept under the illegal detention of

R-4, her father. Hence the present petition seeking a writ of habeas corpus

directing the respondents to produce the alleged detenue before this Court

and to set her at liberty.

2. On 22/02/2023, we issued notice to the respondents and

the 3rd respondent was directed to produce the alleged detenue before the

Secretary, District Legal Services Authority, Kottayam, on this day, so as to

enable us to directly interact with her through video conferencing.

3. As directed, the alleged detenue has been produced

before the Secretary, DLSA, Kottayam. We interacted with her through Crl.Appeal.No.184 of 2023

video conferencing. To our queries, the alleged detenue, namely, Amalu K.

Kainikara, aged 24 years, submitted that she is not under the illegal detention

of her parents or anybody else. She also submitted that she is not interested

in continuing the relationship with the petitioner or to join him. The alleged

detenue is a major and is capable of taking independent decisions. In these

circumstances, we find that the allegation that the alleged detenue is under

the illegal custody of her parents is incorrect and therefore the prayers in the

writ petition cannot be allowed.

Hence, the writ petition is dismissed.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.S.SUDHA, JUDGE

Jms/01.03 Crl.Appeal.No.184 of 2023

APPENDIX OF WP(CRL.) 184/2023

PETITIONER EXHIBITS

Exhibit P1 THE ORIGINAL AFFIDAVIT SOLEMNLY AFFIRMED BY THE DETENUE DATED 16.02.2023

Exhibit P2 TRUE COPY OF THE HOTEL CHECK-OUT INVOICE DATED 17.02.2023