Kerala High Court
Saji P. Skaria vs State Of Kerala on 28 June, 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 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(CRL.) NO. 697 OF 2024
PETITIONER/S:
SAJI P. SKARIA, AGED 52 YEARS
S/O. DANIEL ZAKARIA, RESIDING AT PUTHENPARAMBIL,
THELLIYOOR P. O., PATHANAMTHITTA DISTRICT,
KERALA, PIN - 689544
BY ADVS.
ARUN SAMUEL
JITHIN BABU A
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT, PIN - 695001
2 THE DISTRICT POLICE CHIEF
PATHANAMTHITTA DISTRICT, RING ROAD, THAZHEVETTIPRAM,
PATHANAMTHITTA DISTRICT, KERALA, PIN - 689645
3 THE STATION HOUSE OFFICER
KOIPURAM POLICE STATION, PULLAD P. O., PATHANAMTHITTA
DISTRICT, KERALA, PIN - 689548
4 ADARSH, AGE IS NOT KNOWN, FATHER'S NAME IS NOT KNOWN,
VILASHERIL PUTHENVEEDU, INCHAKKADU, SOORANAD SOUTH
VILLAGE, KUNNATHUR TALUK, KAKKAKUNNU P. O., KOLLAM
DISTRICT, KERALA,, PIN - 690522
BY ADV SIMOD SIVAN K, FOR RESP 4
SRI P M SHAMEER, GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.697 of 2024
2
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner herein is the father of the corpus Ms. X (name
withheld for privacy). He states that his daughter was pursuing
her German Language Course at Thiruvalla. On 19.06.2024 she
went missing. According to the petitioner, he rushed to the police
and lodged a complaint based on which Crime No.971 of 2024 was
registered under Section 57 of Cr.P.C. He states that he has
received information that his daughter is now illegally detained by
the 4th respondent. It is on these assertion that this writ petition is
filed seeking the following reliefs:
(i) Issue a writ of habeas corpus against Respondents 1 to 3
to produce the detenu "xxxxxxx" (Ms.X) before this Hon'ble Court,
who is illegally detained by the 4th Respondent, in the interest of
justice.
2. By order dated 26.06.2024, we directed the parties to
appear before us. Ms.X has appeared before us in person and she
stated that she has crossed the age of 18 years and that she has
left the company of the petitioner on her own free will. She stated
that she is planning to get married to the 4th respondent.
3. The Hon'ble Supreme Court in Shafin Jahan1, has
observed that the pivotal purpose of a writ of habeas corpus is to
see that no one is deprived of his/her liberty without sanction of
law. It is the primary duty of the State to see that the said right is
not sullied in any manner whatsoever and its sanctity is not
affected by any kind of subterfuge. The role of the Court is to see
that the detenu is produced before it, find out about his/her
independent choice, and see to it that the person is released from
illegal restraint. What is seminal is to remember that the song of
liberty is sung with sincerity and the choice of an individual is
appositely respected and conferred its esteemed status as the
Shafin Jahan v. Asokan K.M., (2018) 16 SCC 368
Constitution guarantees. It is so as the expression of choice is a
fundamental right under Articles 19 and 21 of the Constitution,
provided the said choice does not transgress any valid legal
framework. Once that aspect is clear, the inquiry and determination
have to come to an end.
6. In the case on hand, Miss. X has stated before us that
she is not under illegal detention.
This Writ Petition is dismissed.
sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sd/-
P.M.MANOJ
JUDGE
das
APPENDIX OF WP(CRL.) 697/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE AADHAR OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE AADHAR OF THE DETENUE
Exhibit P3 A TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 971/2024 OF KOIPURAM POLICE STATION
DATED 19/06/2024
