Kerala High Court
Xxxxxx vs The State Police Chief on 12 November, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
2024:KER:85700
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 12TH DAY OF NOVEMBER 2024 / 21ST KARTHIKA, 1946
WP(CRL.) NO. 1190 OF 2024
PETITIONER:
XXXXXX
BY ADVS.
SHARAN SHAHIER
SNEHA JOY
RHEA SHERRY
AQEEL MUHAMMED K.H.
SHILPA PRATHAP
RESPONDENTS:
1 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS
VAZHUTHAKAD TRIVANDRUM, PIN - 695010
2 THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL,
VATAKARA, PIN - 673105
3 THE SUB INSPECTOR OF POLICE, THAMARASSERY
POLICE STATION,, PIN - 673573
4 K P NISAR, 25 YEARS, S/O ABDUL KADAR
KAATTILAPURATH (H) VELLIPARAMBA, KOZHIKODE,
PIN - 673008
5 K P NAWAF, AGED 27 YEARS, S/O ABDUL KADAR
KAATTILAPURATH (H) VELLIPARAMBA, KOZHIKODE,
PIN - 673008
6 FATHIMA, W/O ABDUL KADAR KAATTILAPURATH (H)
VELLIPARAMBA, KOZHIKODE, PIN - 673008
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2
BY ADVS.
MOHAMED JAMEEL P.K
SUHARABI KANNETH(K/67/2024)
SMRITHI HARRIS(K/109/2024)
P.M SHAMEER-GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 12.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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3
JUDGMENT
Devan Ramachandran, J.
Adverting to the need of protecting the privacy of the alleged
detenue and her family, we direct the Registry to anonymise their
names and identities in all the papers.
2. This Writ Petition has been filed by the father of a 19 year
old girl - the alleged detenue, seeking issuance of a Writ of Habeas
Corpus against the 4th respondent, on the allegation that he is detaining
her illegally.
3. When we considered this case on 08.11.2024, we had an
interaction with the alleged detenue, who was produced before us by
the 4th respondent; and our opinion was indited in the order of that
day, extracted as under:
The alleged detenue has been produced before us by
the 4th respondent. We interacted with her, who said that
she has married the 4th respondent and wants to be with
him. She, however, agreed that she had filed a case
against the 4th respondent earlier, under the Protection of
Children from Sexual Offences Act [POCSO]; and that he
was in jail for about 35 days. She added that she is also
aware that he is involved in various other cases and that
he is facing proceedings under the Kerala Anti-Social
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Activities (Prevention) [KAAPA] Act.
2. Even going by the version of the alleged detenue,
it is luculent that we cannot allow her to go with the 4th
respondent, who is the accused in a POCSO case,
registered at her instance.
3. Obviously, we require some time to decide the
matter, because, we would need the reports on the
antecedents of the 4th respondent.
4. Sri.P.M.Shameer - learned Government Pleader,
sought a day's time to file a report on the case history of
the 4th respondent.
List on 12.11.2024. We direct all the parties to
appear before this Court, along with the alleged detenue,
on that day.
In the meanwhile, we allow the alleged detenue to
go home with her parents, as she agreed before us, as an
interim measure.
We order that hereinafter the proceedings will be in
camera.
Taking into account the facts above, we direct the
Registry to anonymise the details of the alleged detenue,
as also that of the petitioner, from all papers.
4. Today, the learned Government Pleader - Sri.P.M.Shameer,
made available a report about the 4th respondent across the Bar; and
suffice to say, it contains very disturbing information, including that he
is facing proceedings under the Kerala Anti-Social Activities (Prevention)
Act (KAAPA), as also a case registered at the instance of the alleged
detenue under the Protection of Children from Sexual Offences
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Act (POCSO Act). We further notice from the said Report that the 4 th
respondent is accused in four cases, including for robbery, dacoity and
loot of a jwellery, for which he has been proceeded under the 'KAAPA
Act'.
5. What is far more disconcerting for us is that the learned
Government Pleader informs us that the 4th respondent appears to be
acting in violation of the orders under both the afore Statutes because,
he is stated to have married the alleged detenue in Kozhikode, when he
has been restrained from entering it under the 'KAAPA Act'; and that
he voluntarily admits that he is in contact with the victim, which is in
violation of the order of bail, he had secured from the Court of
Additional District & Sessions Judge For Trial of Cases Relating to
Atrocities And Sexual Violence Towards Women and Children,
Kozhikode. In fact, he sought our permission for the Authorities to take
necessary action against the said respondent.
6. We fail to understand why the learned Government Pleader
should ask for our permission to initiate the necessary action because, if
there are violations by any person, necessary implications must follow
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and consequences ensured.
7. As far as the alleged detenue is concerned, she made it
clear to us today that she wants to return to her parents, informing us
that she was not aware of the gravity of the situation, including the
charges being faced by the 4th respondent. Her parents, who were also
personally present, vehemently stated that the allege marriage between
the 4th respondent with their daughter is illegal and designed by him to
escape from the consequences of the case against him under the
'POCSO Act'.
8. Indubitably, therefore, nothing remains for us to do in this
case, than allow it and set the alleged detenue at liberty.
9. Before we close, we must say that the alleged detenue is a
very young girl, but remarkably composed for her age. She seems to
understand that she made certain decisions in life, without thinking
about its consequences; and today she exhibited no illwill for her
parents and the latter also assured us that they will treat her without
any scar of what has happened in the past. They, however, added that
the educational and other documents, as also some precious articles of
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their daughter are still with the 4th respondent and requested us that he
be ordered to return it.
10. The learned counsel for the 4th respondent responded, saying
that whatever belongings of the alleged detenue are with his client, it
will be returned to her through Sri.Sharan Shahier - learned counsel
for the petitioner, within one week. This is recorded.
We wish the family very well and allow this Writ Petition,
recording that the alleged detenue has returned with her parents.
Needless to say, any action against the 4th respondent, as legally
requisite, is fully left open to be taken by the competent Authorities;
and we choose not to speak further on it, solely because Statutory
consequences will have to follow only as per law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
JUDGE
RR
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APPENDIX OF WP(CRL.) 1190/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF CRIME NUMBER 849 OF 2024
REGISTERED BY THE THAMARASSERY POLICE
STATION
Exhibit P2 TRUE COPY OF THE NEWS ITEM PUBLISHED IN
THE LOCAL NEWSPAPER REGARDING THE 4TH AND
5TH RESPONDENTS
Exhibit P3 TRUE COPY OF THE POLICE COMPLAINT ALONG
WITH RECEIPT FOR THE REGARDING ABDUCTION
Exhibit P4 THE TRUE COPY OF THE FIR NO. 914/2023 IN
THAMARASSERY POLICE STATION DATED
5/12/2023
Exhibit P5 THE TRUE COPY OF THE FIR NO. 969/2023 IN
THAMARASSERY POLICE STATION DATED
29/12/2023
Exhibit P6 THE TRUE COPY OF THE FIR NO. 77/2024 IN
THAMARASSERY POLICE STATION DATED
24/1/2024
