Kerala High Court
Suresh Kumar S vs The Superintendent Of Police on 16 April, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
&
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 16TH DAY OF APRIL 2024/27TH CHAITHRA, 1946
WP(CRL.) NO. 426 OF 2024
PETITIONERS:
1 SURESH KUMAR S.,
AGED 49 YEARS,
S/O SIVAN NAIR,
CHARUVILA THAZHATHIL,
CHEMMENTHOOR,
PUNALUR P. O ,
PUNALUR VILLAGE,
KOLLAM DISTRICT, PIN - 691305
2 SARITHA S.,
AGED 38 YEARS,
W/O SURESH KUMAR S.,
CHARUVILA THAZHATHIL ,
CHEMMENTHOOR,
PUNALUR P.O.,
PUNALUR VILLAGE,
KOLLAM DISTRICT, PIN - 691305
BY ADV. AJEESH K.SASI
RESPONDENTS:
1 THE SUPERINTENDENT OF POLICE,
KOLLAM RURAL,
PIN - 691001
2 THE DEPUTY SUPERINTENDENT OF POLICE
PUNALUR,
KOLLAM DISTRICT, PIN - 691305
3 CIRCLE INSPECTOR OF POLICE,
PUNALUR, KOLLAM DISTRICT,
PIN - 691305
4 STATION HOUSE OFFICER,
PUNALUR POLICE STATION,
KOLLAM DISTRICT, PIN - 691305
W.P.(Crl.) No.426/2024
:2:
5 STATION HOUSE OFFICER,
KUNNIKKODE POLICE STATION,
KOLLAM DISTRICT, PIN - 691508
6 PRAVEEN,
AGED 21 YEARS,
S/O PRABHAKARAN,
PRAMOD BHAVAN, PUNALUR P.O.,
PUNALUR,
KOLLAM DISTRICT, PIN - 691305
7 PRABHAKARAN,
PRAMOD BHAVAN, PUNALUR P.O.,
PUNALUR,
KOLLAM DISTRICT, PIN - 691305
8 REMA,
W/O. PRABHAKARAN,
PRAMOD BHAVAN, PUNALUR P.O.,
PUNALUR,
KOLLAM DISTRICT, PIN - 691305
BY ADVS.
SMT. VIDHYA KURIAKOSE, SR. GOVERNMENT PLEADER
SRI.A.SANIL KUMAR - R6, R7 & R8
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl.) No.426/2024
:3:
N. NAGARESH & P.M. MANOJ, JJ.
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W.P.(Crl.) No.426 of 2024
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Dated this the 16th day of April, 2024
JUDGMENT
Nagaresh, J.
The petitioners are before this Court seeking to
issue a writ of Habeas Corpus and to set at liberty their
daughter Akhila S., aged 18 years.
2. The petitioners state that their daughter was born
on 30.03.2006 and she went missing since 31.03.2024, on
the very next date of attaining majority. The petitioners
allege that the daughter is in the illegal custody of the 6 th
respondent, who claims to be her lover.
3. The petitioners made complaint in this regard
before the Police Authorities. However, no investigation has
been conducted by the Police regarding the same even after
the complaint. She was only traced out and let go with the
6th respondent even by the Jurisdictional Magistrate.
4. It is in such circumstances that the petitioners
have filed this writ petition seeking to direct respondents 1 to
5 to produce the body of Akhila S., the daughter of the
petitioners before this Court and set her at liberty.
5. I have heard the learned counsel for the
petitioners and the learned counsel for the respondents.
6. We have interacted with the daughter of the
petitioners, who is present in the Court today.
7. The daughter of the petitioners, the alleged
detenue, would submit that she has attained the age of
majority and she has married the 6 th respondent under local
customs. Both of them have submitted a Notice of Intended
Marriage also before the Department of Registration,
Kerala.
8. Considering the statements made by the alleged
detenue, who has attained the age of majority, we find that
there is no illegal detention of the alleged detenue by
respondents 6 to 8 or one among them. In view of the
above, the writ petition fails.
The writ petition is accordingly dismissed.
Sd/-
N. NAGARESH, JUDGE
Sd/-
P.M.MANOJ, JUDGE
SR
APPENDIX OF WP(CRL.) 426/2024
PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 4-4-
2024 SUBMITTED BEFORE THE 3RD
RESPONDENT.
Exhibit P2 TRUE COPY OF THE SECONDARY SCHOOL
LIVING CERTIFICATE WITH REGISTER NO.
471370 DATED 15-6-2022.
Exhibit P3 TRUE COPY OF THE MARK LIST DATED
15-6-2023.
