Shibin S.B vs District Police Chief
2024 Latest Caselaw 10158 Ker

Kerala High Court

Shibin S.B vs District Police Chief on 5 April, 2024

Author: Raja Vijayaraghavan

Bench: V Raja Vijayaraghavan

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                                  &
                THE HONOURABLE MR. JUSTICE P.M.MANOJ
      FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                      WP(CRL.) NO. 340 OF 2024
PETITIONER/S:

          SHIBIN S.B, AGED 24 YEARS
          S/O SHAJAHAN, MUBARRAK HOUSE NANNATTUKAVU,
          POTHENCODE P.O., THIRUVANANTHAPURAM, PIN - 695584

          BY ADVS.
          SAYUJYA
          K.R.RAJEEV KRISHNAN

RESPONDENT/S:

    1     DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE,
          PATTOOR PMG RD, UNIVERSITY OF KERALA SENATE HOUSE
          CAMPUS, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033

    2     STATION HOUSE OFFICER
          VATTAPARA POLICE STATION VATTAPARA,
          THIRUVANANTHAPURAM, PIN - 695028

    3     SARASUKUMAR
          PALLICHAL VEEDU, VATTAPARA,
          THIRUVANANTHAPURAM, PIN - 695028

          BY ADVS.
          Mohan Lal B
          P.S.PREETHA(K/883/1998)
          ASWIN V. NAIR(K/1019/2017)

OTHER PRESENT:

          SRI SAIGI JACOB PALATTY, SR. GP.

   THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
  05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                           2


W.P.(Crl.) No.340 of 2024



                                    JUDGMENT

Raja Vijayaraghavan, J.

The petitioner states that he is in love with the corpus, ['Miss. X' for the

sake of brevity], the daughter of the 3rd respondent. He states that since

they belong to different religions, the 3rd respondent has objected to the

relationship. According to him, he has received credible information that Miss.

X is unlawfully held in detention. Apprehending harm to Miss X, the

petitioner is before this Court seeking directions to the official respondents to

produce the corpus before this Court and to set her at liberty.

2. By order dated 1.4.2024, we directed the official respondents to

ensure that the alleged detenu is produced before the District Legal Services

Authority, Thiruvananthapuram in order to enable us to interact with her

through video conferencing. Directions were also issued to ensure that at the

time of video conferencing, the detenu was alone.

3. In terms of the directions, we have interacted with the detenu for

quite some time to ascertain her wishes. She stated that she has not been

illegally detained by anyone and that she wishes to be with her parents. Miss.

Sayujya, the learned counsel appearing for the petitioner was also present

when the detenu expressed her wishes.

4. In a petition for issue of writ of Habeas Corpus, we are primarily

concerned with the question whether the alleged detenu is detained against

her wish, will, and desire by anyone. The correctness, prudence, or wisdom of

the decisions of the alleged detenu are not justiciable before the Court. The

alleged detenu, as noted earlier, is an adult woman, she had already attained

majority.

5. As she has stated before us that she is not under illegal detention,

that is the end of the matter. In that view of the matter nothing further

survives.

The writ petition is closed.

sd/-

RAJA VIJAYARAGHAVAN V JUDGE

sd/-

P.M.MANOJ JUDGE das

APPENDIX OF WP(CRL.) 340/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE PHOTOCOPY OF THE SCREENSHOT OF COMPLAINT FILED BY THE PETITIONER VIA DT.11.03.2024 BEFORE THE 2ND RESPONDENT

Exhibit P2 A TRUE PHOTOCOPY OF THE SCREENSHOT OF COMPLAINT FILED BY THE PETITIONER VIA DT.20.03.2024 BEFORE THE 1ST RESPONDENT