Kerala High Court
Manshad vs District Police Chief, Kottayam on 3 May, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 3RD DAY OF MAY 2024 / 13TH VAISAKHA, 1946
WP(CRL.) NO. 465 OF 2024
PETITIONER/S:
MANSHAD
AGED 32 YEARS
S/O ABDUL RASHEED, PALLIVILAVEEDU,
THUMBARAMUKKE, PALAMKONAM.P.O,
PULLAMPARA, THIRUVANANTHAPURAM,
PIN - 695607
BY ADVS.
MITHUN P.
HARISHMA P. THAMPI
RESPONDENT/S:
1 DISTRICT POLICE CHIEF, KOTTAYAM,
NEAR KOTTAYAM EAST POLICE STATION,
DISTRICT POLICE OFFICE, KOTTAYAM.,
PIN - 686002
2 STATION HOUSE OFFICER
PALA POLICE STATION, KOTTAYAM DISTRICT,
PIN - 686575
3 DAVIES BASTIN
S/O SEBASTIAN.D, PANACHIKAL HOUSE,
ANTHINAD.P.O, LALAM (PART),
KOTTAYAM, KERALA., PIN - 686651
W.P.(Crl). No.465 of 2024 2
BY ADVS.
JULIAN XAVIER.J JOSEPH
FIROZ K.ROBIN(F-15)
JOSE. V.V. (THENGATHARA)(K/000039/2003)
ROY JOSEPH(K/55/2006)
ANIES MATHEW(K/952/2007)
CHRISTEENA AUGUSTINE(K/000359/2024)
SRI. SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
03.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl). No.465 of 2024 3
DEVAN RAMACHANDRAN & EASWARAN S. , JJ.
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W.P.(Crl) No.465 of 2024
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Dated this the 3rd day of May 2024
JUDGMENT
DEVAN RAMACHANDRAN, J.
The petitioner has moved this writ petition on the assertion that
he has married the alleged detenue; and that she is now being detained
against her wishes by the 3rd respondent, her brother.
2. However, the alleged detenue and the third respondent, along
with their aunt, appeared before us in person. The alleged detenue
emphatically submitted that she does not intend to continue with any
relationship with the petitioner and that she had acted naively in having
conceded to the registration of marriage, though that the same has
never been consummated. She also informed us that she intends to go
with her brother and that she is apprehensive because the petitioner
has certain photographs of hers, which he is now publishing on online
social platforms, including Facebook etc. She concluded saying that she
fears threats and intimidation from the petitioner; and sought that
liberty be reserved to her to approach the police, if required.
3. We, thereafter, interacted with the petitioner, who submitted
that he has filed this writ petition because he was under the impression
that the detenue wants to go with him, on the basis of the marriage
they had contracted. He conceded that if the detenue does not want to
continue with the relationship, he would not stand in the way; and that
he would take steps to have all her information, photographs and such
other details, removed from his personal platforms.
4. In fact, Sri. Sunil Kumar Kuriakose, the learned Government
Pleader, affirmed that if the detenue approaches the police with a
petition seeking that her information be ordered to be removed by the
petitioner, necessary action in this regard will be taken.
5. Taking note of the aforesaid, we dismiss this W.P.(Crl.),
recording the submissions made before us by the alleged detenue; with
a consequential liberty being reserved to her to approach the police in
case any personal information of hers still continues to be published in
the online platforms or on pages of the petitioner; and if she is to invoke
the same, the concerned police officer will ensure that necessary action
is taken without any delay.
As a corollary, we reserve liberty to the detenue to move the police
if she requires any protection; in which event, the competent authority
will ensure that it is afforded to the fullest warranty, without any
reservation.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
EASWARAN S.
JUDGE
NS
APPENDIX OF WP(CRL.) 465/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 07.10.2023 ISSUED BY THE MARRIAGE
OFFICER, SUB REGISTRAR OFFICE VAMANAPURAM
Exhibit P2 A TRUE COPY OF THE EMAIL COMPLAINT
PREFERRED BY THE PETITIONER BEFORE THE 1ST
RESPONDENT, DATED 22/4/2024
