Citation : 2024 Latest Caselaw 13495 Ker
Judgement Date : 24 May, 2024
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 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(CRL.) NO. 477 OF 2024
PETITIONER:
JEAN J.
AGED 21 YEARS
S/O JAMES A. S., R.C. STREET, ANTHONYAR COLONY,
VILAVANCODE, KALIYAKKAVILAI, KANYAKUMARI DIST.,
TAMIL NADU, PIN - 629153
BY ADV S.JUSTUS
RESPONDENTS:
1 THE SUB INSPECTOR OF POLICE
PARASSALA POLICE STATION, THIRUVANANTHAPURAM DIST.,
PIN - 695502
2 THE CIRCLE INSPECTOR OF POLICE
PARASSALA, THIRUVANANTHAPURAM DIST.,
PIN - 695502
3 THE DEPUTY SUPERINTENDENT OF POLICE
NEYYATTINKARA, THIRUVANANTHAPURAM DIST.,
PIN - 695121
4 THE DISTRICT POLICE CHIEF
THIRUVANANTHAPURAM RURAL, THIRUVANANTHAPURAM DIST.,
PIN - 695033
5 THE DIRECTOR GENERAL OF POLICE (LAW & ORDER)
POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN - 695001
6 SHARAFUDEEN
FARHAN MANZIL, PUTHUVAL PUTHEN VEEDU, KOZHIVILA ROAD,
KALIYAKKAVILAI, PARASSALA P.O., THIRUVANANTHAPURAM
DIST., PIN - 695502
W.P.(Crl.) No.477 of 2024
2
7 SHAJEELA
W/O SHARAFUDEEN, FARHAN MANZIL, PUTHUVAL PUTHEN VEEDU,
KOZHIVILA ROAD, KALIYAKKAVILAI, PARASSALA P.O.,
THIRUVANANTHAPURAM DIST., PIN - 695502
OTHER PRESENT:
SRI P M SHAMEER, GP.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR FINAL
HEARING ON 24.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) No.477 of 2024
3
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner has approached this Court with this writ petition
filed under Article 226 of the Constitution of India seeking for the
issuance of a Writ of Habeas Corpus directing respondents 1 to 5 to
produce Ms. X, the daughter of respondents 6 and 7, who according to
him, is kept under illegal detention.
2. The petitioner contends that he fell in love with the alleged
detenu while they were studying in the same college. According to him,
the detenu and the petitioner have decided to get married. Upon learning
of their relationship, it is alleged that the detenu was put under illegal
detention by respondents 6 and 7, who are her parents, against her will.
He further contends that he has been discreetly informed by the alleged
detenu that her life is in danger, prompting the petitioner to approach this
Court seeking relief.
3. In view of the contentions raised by the petitioner, by order
dated 21.05.2024, we directed the respondents to ensure that the alleged
detenu is produced before the District Legal Service Authority,
Thiruvananthapuram, for a virtual interaction with us. In compliance with
the Court's directions, the alleged detenu appeared before us through
video conferencing. She stated that she is not under illegal detention and
is safe with her parents. According to her, the assertions made in the Writ
Petition by the petitioner are incorrect. She also stated that she has passed
her Degree examination and intends to stay with her parents and pursue
her studies.
4. As the alleged detenue has expressed her mind, the petitioner
is not entitled to any of the reliefs prayed for.
This Writ Petition is dismissed.
Sd/-
RAJA VIJAYARAGHAVAN V, JUDGE
Sd/-
P.M.MANOJ JUDGE APM/24/05/2024
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