Yadav.S.R vs The Station House Officer
2024 Latest Caselaw 33279 Ker

Kerala High Court

Yadav.S.R vs The Station House Officer on 15 November, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

                                   &

           THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA

    FRIDAY, THE 15TH DAY OF NOVEMBER 2024 / 24TH KARTHIKA, 1946

                       WP(CRL.) NO. 1222 OF 2024

PETITIONER/S:

          Xxxxxx
          xxxxxxx

          BY ADV DHANUJA M.S


RESPONDENT/S:

    1     THE STATION HOUSE OFFICER.
          CHERPULASSERY POLICE STATION, KACHERIKKUNNU,
          CHERPULASSERY, PALAKKAD., PIN - 679503
    2     Xxxxxx
          xxxxxxx
    3     Xxxxxxx
          xxxxx
    4     Xxxxxxxx
          xxxxxx
    5     THE STATION HOUSE OFFICER,
          MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE (P.O),
          KOZHIKODE, PIN - 673008

          SRI P M SHAMEER-GP


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
15.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                2024:KER:85515
WP(CRL.) NO. 1222 OF 2024              2


                                JUDGMENT

DEVAN RAMACHANDRAN (J)

The petitioner asserts that the alleged detenue

has declared her identity to be a man; and therefore,

is now facing illegal detention by her parents and

brother, namely respondents 2 to 4.

2. Obviously being aware of the nature of the

litigation, we are certain that the privacy of the

parties require to be maintained, for which, we direct

the registry to anonymize the names and details of all

of them in all papers.

3. We interacted with the alleged detenue, who

was brought before us by her parents. namely

respondents 2 and 3. She explained to us that she is a

"Trans Man", and wants to live her life after

completing her studies in an effective manner. Her

only request was that they be asked not to treat her

as a psychotic patient, or with mental infirmity.

Interestingly, she made it clear to us that she wants

to return to her parents.

4. We talked to the parents and the brother,

namely 2 to 4, thereafter. We recognised that they 2024:KER:85515

have some problem in understanding the situation,

particularly because they belong to a simple

background. This is normal in such circumstances,

because when it comes to gender identity, it takes

time for parents and siblings to come to terms with

it. However, they assured us that they will take stock

of the situation; and, before us, they came across as

being sympathetic to the alleged detenue.

5. In the above circumstances, we require to

do nothing more because, the alleged detenue wants to

return to her parents; and we see from the pleadings

that the petitioner is stated to be her close friend,

who also wants her best future.

This writ petition is, therefore, closed;

recording that the alleged detenue has returned

voluntarily with respondents 2 to 4.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

M.B. SNEHALATHA JUDGE SAS 2024:KER:85515

APPENDIX OF WP(CRL.) 1222/2024

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE COMPLAINT THROUGH THE ORGANIZATION DHISHA