Kerala High Court
Ubais vs The Superintendent Of Police on 12 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 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(CRL.) NO. 222 OF 2024
PETITIONER:
UBAIS
AGED 28 YEARS
S/O ABDUL SAMAD, CHALIL HOUSE,
KAKKATTIL VAZHI, AROOR P.O,
PURAMERI PANCHAYATH,
KOZHIKODE,PIN - 673507
BY ADV SUJA PADNABAN PILLAI
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE,
MALAPPURAM DISTRICT, PIN - 676504
2 THE STATION HOUSE OFFICER
TANUR POLICE STATION, MALAPPURAM DISTRICT,
PIN - 676302
3 MUHAMMED SAKEER. K
AGED 55 YEARS
KOLAKKUNNATH(H),PANANGATTOOR(PO),
CHANCHERI PARAMB, TANUR,
MALAPPURAM, PIN - 676302
BY ADVS.
PUBLIC PROSECUTOR
DIRECTOR GENERAL OF PROSECUTION(AG-10)
SHRI.P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P. ()
OTHER PRESENT:
SRI UNNIKRISHNA KAIMAL, SR. GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP (Crl.) No.222 of 2024 2
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner has approached this Court seeking the issuance of a
writ of Habeus Corpus to produce the corpus 'Miss X' for the sake of
brevity before this Court.
2. According to the petitioner, he is working in a private
establishment in Kozhikode. He fell in love with the daughter of the 3rd
respondent and they decided to get married. According to the petitioner,
Miss X is an adult lady and despite expressing her wish, her parents are
opposing the relationship. It is further stated that the girl is kept under
house arrest. His prayer is to set her at liberty.
3. Today, when the matter is taken up, the corpus has appeared
before us. She stated that the petitioner is doing a direct marketing
business and they got in touch. By stating one reason or the other, he
gained the confidence of Miss X who is only 19 years of age. By persuading
her, 3 ½ sovereigns of gold ornaments were taken from her possession. She
states that she was defrauded by the petitioner and she is very much
attached to her family. She also stated that she is not under
illegal detention. She stated that it is against her wishes that the
petitioner had persuaded her to cause the issuance of a notice under the
Special Marriage Act.
4. We have also interacted with the petitioner. He initially
refused to accede to the accusation made by Miss. X that he had accepted
gold ornaments from her. Later, he admitted that he had taken the gold
ornaments and had pledged it with the Manappuram Finance, Malappuram
Branch. He undertook before us that he shall return the gold ornaments to
the Station House Officer of the Tanur Police Station within ten days from
today.
5. We have considered the submissions advanced. After having
interacted with the alleged detenu and the petitioner, we are shocked to
note the manner in which Miss X was duped by the petitioner. She stated
before us that she had occasion to see the petitioner only on a couple of
occasions. The petitioner has taken advantage of the gullible nature and
innocence of Miss. X. Be that as it may, she has stated before us in
unmistakable terms that she is not under illegal detention.
6. A Constitution Bench of the Apex Court in Kanu Sanyal1
had dealt with the nature and scope of a writ of habeas corpus and it was
observed as under in para 4 of the judgment;
Kanu Sanyal v. District Magistrate, Darjeeling [(1973) 2 SCC 674]
"4. It will be seen from this brief history of habeas corpus that it is
essentially a procedural writ. It deals with the machinery of justice, not
the substantive law. The object of the writ is to secure release of a
person who is illegally restrained of his liberty. The writ is, no doubt, a
command addressed to a person who is alleged to have another person
unlawfully in his custody requiring him to bring the body of such person
before the court, but the production of the body of the person detained
is directed in order that the circumstances of his detention may be
inquired into, or to put it differently, 'in order that appropriate judgment
be rendered on judicial inquiry into the alleged unlawful restraint'. The
form of the writ employed is 'We command you that you have in the
King's Bench Division of our High Court of Justice -- immediately after
the receipt of this our writ, the body of A.B. being taken and detained
under your custody -- together with the day and cause of his being
taken and detained -- to undergo and receive all and singular such
matters and things as our court shall then and there consider of
concerning him in this behalf'. The italicised words show that the writ is
primarily designed to give a person restrained of his liberty a speedy
and effective remedy for having the legality of his detention enquired
into and determined and if the detention is found to be unlawful, having
himself discharged and freed from such restraint. The most
characteristic element of the writ is its peremptoriness and, as pointed
out by Lord Halsbury, L.C. in Cox v. Hakes [(1890) 15 AC 506] , 'the
essential and leading theory of the whole procedure is the immediate
determination of the right to the applicant's freedom' and his release if
the detention is found to be unlawful. That is the primary purpose of
the writ; that is its substance and end.
7. In that view of the matter, the petitioner is not entitled to any of the
reliefs sought. We record the undertaking of the petitioner that he shall
return the gold ornaments to the SHO, Tanur Police Station on or before
22.4.2024.
This Writ Petition is closed.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
Sd/-
P.M.MANOJ
JUDGE
APM/12/4/24
APPENDIX OF WP(CRL.) 222/2024
PETITIONER EXHIBITS
Exhibit-P 1 TRUE COPY OF THE BIRTH CERTIFICATE DATED
20.11.2004 ISSUED BY THIRURANGADI GRAMA
PANCHAYATH
Exhibit -P2 TRUE COPY OF THE PLUS TWO CERTIFICATE BEARING
REG.NO. 9311457 DATED 21.06.2022 ISSUED BY
THE BOARD OF HIGHER SECONDARY EXAMINATIONS
Exhibit -P3 TRUE COPY OF THE COMPLAINT DATED 15.02.2024
ADDRESSED TO THE 2ND RESPONDENT
