Kerala High Court
Muhammed Shafeekhan S vs State Of Kerala 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. 341 OF 2024
PETITIONER/S:
MUHAMMED SHAFEEKHAN S, AGED 23 YEARS
NARIKKALVILA VEEDU, TC 65/1008-1, PACHALLOOR,
THIRUVALLOM P.O, THIRUVANANTHAPURAM, PIN - 695037
BY ADV JEEVAN JOY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF
KERALA, GOVERNMENT SECRETERIAT, STATUE,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR GENERAL OF POLICE
STATE POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM., PIN - 695010
3 THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY
OFFICE OF THE COMMISSIONER OF POLICE,
THIRUVANANTHAPURAM., PIN - 695001
4 THE ASSISTANT COMMISSIONER OF POLICE
THIRUVANANTHAPURAM, OFFICE OF THE ASSISTANT
COMMISSIONER OF POLICE, THIRUVANANTHAPURAM.,
PIN - 695001
5 THE STATION HOUSE OFFICER
THIRUVALLOM POLICE STATION, THIRUVALLOM,
THIRUVANANTHAPURAM, PIN - 695037
6 THE STATION HOUSE OFFICER
KOVALAM POLICE STATION,
THIRUVANANTHAPURAM CITY., PIN - 695527
7 THE STATION HOUSE OFFICER
BALARAMAPURAM POLICE STATION, BALARAMAPURAM,
THIRUVANANTHAPURAM., PIN - 695501
8 SINDHU
W/O BIJU KUMAR, BIJU BHAVAN, MUTTAKKAD, VENGANOOR,
2
W.P.(Crl.) No.341 of 2024
MUTTAKKAD P.O, THIRUVANANTHAPURAM., PIN - 695523
9 BIJU KUMAR
BIJU BHAVAN, MUTTAKKAD, VENGANOOR, MUTTAKKAD P.O,
THIRUVANANTHAPURAM., PIN - 695523
10 BINIL B S
S/O BIJU KUMAR, BIJU BHAVAN, MUTTAKKAD, VENGANOOR,
MUTTAKKAD P.O, THIRUVANANTHAPURAM., PIN - 695523
BY ADV M.G. LISHA M.G.
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 FOLLOW
3
W.P.(Crl.) No.341 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner states that he is in love with the corpus, ['Miss. X' for the
sake of brevity]. Miss X is the daughter of respondents 8 and 9. According to
the petitioner, Miss X has been detained against her wish and she is kept
under illegal detention. It is on these assertions that this petition is filed
seeking issuance of directions to the official respondents to produce the
corpus before this Court and to set her at liberty.
2. By order dated 2.3.2024, we directed the 4th respondent to
authorize a woman police officer to produce the alleged detenu before the
District Legal Services Authority, Thiruvananthapuram 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 pursue her studies and be
with her parents. The learned counsel appearing for the petitioner was also
present when the detenu expressed her wishes.
4. In a petition for the issue of a 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.
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
