Biju T.A vs Superintendent Of Police
2024 Latest Caselaw 12621 Ker

Kerala High Court

Biju T.A vs Superintendent Of Police on 21 May, 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
     TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    WP(CRL.) NO. 466 OF 2024
PETITIONER:

          BIJU T.A
          AGED 52 YEARS
          S/O AYYAPAN T.A THOTTATHARA HOUSE, EAST APPANGAD
          NJARAKKAL, ERNAKULAM DISTRICT, PIN - 682505

          BY ADV SRUTHY UNNIKRISHNAN


RESPONDENTS:

    1     SUPERINTENDENT OF POLICE
          ALUVA, ERNAKULAM RURAL DISTRICT OFFICE, PIN - 683101

    2     SUB INSPECTOR OF POLICE
          NJARAKKAL POLICE STATION ERNAKULAM, PIN - 682505

    3     VISHNU
          FATHER'S NAME UNKNOWN TO THE PETITIONER HOUSE NO: 24,
          UDHAYA COLONY GHANDI NAGAR, ERNAKULAM, PIN - 682020

OTHER PRESENT:

          SRI P M SHAMEER, GP.



     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL
HEARING ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                           2

W.P(Crl.) No.466 of 2024



                                       JUDGMENT

Raja Vijayaraghavan, J.

This petition is filed under Article 226 of the Constitution of India

with a prayer to issue a writ of habeas corpus to produce the body of the

corpus ('Ms. X' for the sake of brevity), the daughter of the petitioner, who

is allegedly detained illegally by the 3rd respondent.

2. By order dated 25.4.2024, this Court had ordered the

jurisdictional police officer to enquire into the matter and find the

whereabouts of the alleged detenu.

3. A report has been placed before this Court by the Station

House Officer. It is stated therein that based on the information furnished

by the wife of the petitioner, Crime No. 429 of 2024 was registered under

Section 57 of the Kerala Police Act, 2011. The daughter of the petitioner

was traced out and she was produced before the jurisdictional Magistrate.

On production, she stated before the learned Magistrate that she was not

under illegal detention and she had left the company of her parents to be

with the 3rd respondent with whom she intends to get married. The

statement of the alleged detenu is also placed before this Court. It is

stated that the statement of the detenu was recorded by the learned

Magistrate and was set at liberty.

4. We have considered the submissions advanced.

5. In a petition for issue of writ of Habeas Corpus, we are

primarily concerned with the question whether the alleged detenu is

detained against her wish, will, or desire by anyone. In the case on hand,

the alleged detenu has appeared before the learned Magistrate and has

stated that she is not under illegal detention. In that view of the matter,

nothing further survives in this petition.

This Writ Petition (Crl.) is closed.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

Sd/-

P.M.MANOJ JUDGE APM/21/5/24

APPENDIX OF WP(CRL.) 466/2024

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED 22/04/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

Exhibit P2 THE TRUE COPY OF THE RECEIPT OF THE COMPLAINT ISSUED BY THE 1ST RESPONDENT