Subith C.N vs State Of Kerala
2023 Latest Caselaw 5720 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                             &

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945

                  WP(CRL.) NO. 442 OF 2023

PETITIONER:


          SUBITH C.N
          AGED 25 YEARS
          S/O CHITHRAN, NELLIKKUNNU, PANATHOOR P.O., PAN-
          ATHADI, VELLARIKKUND TALUK, KASARAGOD., PIN -
          671532

          BY ADVS.
          A.ARUNKUMAR
          SACHIN GEORGE ARAMBAN

RESPONDENTS:


    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM -, PIN - 682031

    2     THE DISTRICT POLICE CHIEF
          KASARAGOD., PIN - 671123

    3     STATION HOUSE OFFICER
          RAJAPURAM POLICE STATION, KANHANGAD, KASARAGOD
          DISTRICT., PIN - 671532

    4     STATION HOUSE OFFICER
          BADIADKA POLICE STATION, KASARAGOD., PIN - 671551

    5     RAFEENA
          AGED 42 YEARS
          W/O ABDUL RAHIMAN, PILAGHATTA, ALSALAM MANZIL,
          BADIYADUKKA P.O., KASARAGOD., PIN - 671551
 W.P(Crl) No.442 of 2023             2



      6        RASHEED
               AGED 30 YEARS
               S/O.IBRAHIM PILAGHATTA, ALSALAM MANZIL, BADI-
               YADUKKA P.O., KASARAGOD., PIN - 671551

               BY ADV M.I.JOHNSON



OTHER PRESENT:


               SMT RASHMI K.M- SR P.P.



        THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR AD-
MISSION ON 16.05.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 W.P(Crl) No.442 of 2023           3


                              JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this writ of habeas corpus seeking

an order directing respondents 2 to 4 to produce the corpus of

the alleged detenue, namely, Mrs. Aysha Faha, the wife of the

petitioner, before this Court and release her from the illegal

confinement of respondents 5 and 6 and their relatives and aids.

2. By order dated 05.05.2023, this Court directed the

learned Government Pleader to get instructions and the matter

was ordered to be listed on 12.05.2023.

3. On 12.05.2023, when this writ petition came up for

consideration, respondents 5 and 6 entered appearance through

counsel. The learned counsel offered to produce the alleged

detenue before this Court on the next posting date and they were

directed to produce the alleged detenue before this Court on

16.05.2023. It is thus the alleged detenue is produced before this

Court.

4. When this matter was taken up for consideration, we

have interacted with the alleged detenue, who has categorically

stated that she is not under illegal confinement of any person

including respondents 5 and 6 and their relatives. In view of the

aforesaid submission made by the alleged detenue, we found

absolutely no grounds to issue a writ of habeas corpus in exercise

of the extra ordinary jurisdiction of Article 226 of the Constitution

of India and accordingly a judgment was dictated in open Court,

dismissing the writ petition for the aforesaid reason.

5. After some time it was brought to the notice of this

Court by the learned Counsel for the petitioner that an incident

had occured in the Court premises, when the alleged detenue was

going along with the 5th respondent. Therefore, Registry was

directed to inform the learned counsel for respondents 5 to 6 to

be present in Court at 12.00 noon and the matter was taken up

again at 12.10 p.m.

6. After considering the submissions made at the bar, we

passed an order dated 16.05.2023 whereby the 2nd respondent

District Police Chief, through the concerned Station House Officer,

was directed to ensure the presence of the alleged detenue in

Court at 2.00 p.m. The learned Counsel for respondents 5 and 6

submitted that the said respondents shall ensure the presence of

the alleged detenue in Court. Registrar General was directed to

get a report from the Security Officer on the aforesaid incident.

7. Thereafter, the matter was taken up again for

consideration at 2.30 p.m. We have perused the report of the

Security Officer. We have interacted with the alleged detenue, the

5th respondent-mother and also the father of the petitioner.

8. On a query made by this Court, the alleged detenue

would submit that she was not physically attacked by respondents

5 and 6 when she was in the Court premises as stated by the

learned Counsel for the petitioner.

9. The alleged detenue would submit that she wants to

go along with the petitioner. On our interaction, the father of the

petitioner, who is personally present in the Court, submitted that

his family has already accepted the alleged detenue and

necessary steps for registering the marriage under the provisions

of the Special Marriage Act will be taken, without any delay.

From the interaction of the alleged detenue, we are unable

to find out a case of illegal confinement. The alleged detenue is a

major aged 19 years. This Court in exercise of the extra ordinary

jurisdiction under Article 226 of the Constitution can issue writ of

habeas corpus only if it is shown that the alleged detenue is under

illegal confinement. Under the facts and circumstances of the

case, this writ petition is dismissed for the aforesaid reason;

however recording the stand taken as above by the alleged

detenue and also the submission made by the father of the

petitioner.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE

Sbk/-