Kerala High Court
Wilson M.G vs State Of Kerala on 25 October, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
W.P(Crl.) No.1128 of 2024 1
2024:KER:79542
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(CRL.) NO.1128 OF 2024
CRIME NO.856/2024 OF MANNAR POLICE STATION, ALAPPUZHA
PETITIONERS:
1 WILSON M.G
AGED 66 YEARS
S/O GEORGE MADAPPALLIL, BUDHANOOR, ENNAKKAD,
ALAPPUZHA DISTRICT, PIN - 689510
2 ALEYAMMA M C
AGED 63 YEARS
W/O WILSON MADAPPALLIL, BUDHANOOR, ENNAKKAD,
ALAPPUZHA DISTRICT, PIN - 689510
BY ADVS.
ALEXANDER GEORGE
ATHIRA RAMESH
LITA CHANDRAN.S
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM, PIN - 682031
W.P(Crl.) No.1128 of 2024 2
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2 SUB INSPECTOR OF POLICE
MANNAR POLICE STATION, ALAPUZHA DISTRCT,
PIN - 688538
3 SUB INSPECTOR OF POLICE
ADOOR POLICE STATION, PATHANAMTHITTA DISTRCT,
PIN - 688538
4 MERIN WILSON
AGED 28 YEARS
D/O WILSON MADAPPALLIL, BUDHNOOR, ENNAKKAD P O,
BHUDHANOOR, ALAPUZHA DISTRICT, PIN - 689510
5 ANEESH
AGED 35 YEARS
S/O NOT KNOWN, ANIL BHAVANM, PAZHAKULAM P.O,
ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691554
BY ADVS.
P.M.SHAMEER - GOVERNMENT PLEADER
ANANDHU SATHEESH
V.G.SURESH(K/438/1991)
SREEDEVI S.(K/767/2020)
DRISYA DILEEP(K/792/2020)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(Crl.) No.1128 of 2024 3
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JUDGMENT
Devan Ramachandran, J.
We have serious doubts whether this Writ Petition is
maintainable for the reason that the alleged detenue has been
arrayed as a respondent.
2. Be that as it may, the alleged detenue is present before
us today, produced by the 5th respondent; and she says that she
has married him and wants to stay with him. She made it
unequivocally clear that, she wants to return with him and be his
wife, for the rest of her life.
3. We, thereupon, interacted with the petitioners - the
parents of the alleged detenue, who were very emotional, saying
that, by their daughter marrying someone of her choice, the
honour of the family is lost; and that it would become impossible
for them to survive in the society.
4. In fact, the second petitioner - mother of the alleged
detenue, said that if her daughter wants to continue to live the
5th respondent, then she may do so; but that she cannot claim
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anything from the parents, nor even contact them.
5. It is thus obvious that the parents are responding in a fit
of emotion and we do not blame them because, the situation
may not be easy for them to comprehend, at this time.
6. That being said, the alleged detenue also informed us
that her educational records are with her parents and that she
wants the same to be returned.
7. We interacted with the 5th respondent, who affirmed that
he has married the alleged detenue; and his Counsel handed
over across the Bar the Certificate of marriage issued by a
Temple. He added that he will formally register his marriage with
the alleged detenue, under the Special Marriage Act, as soon as
her educational documents are obtained.
8. Sri.Alexander George - learned Counsel for the
petitioners, at this time submitted that his clients will return all
the educational documents of the alleged detenue; and that this
will be done not later than 29.10.2024, by handing it over to the
learned Counsel appearing for the 5th respondent before this
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Court.
In the above circumstances, we close this Writ Petition,
recording that the alleged detenue has returned with the 5 th
respondent; with a further direction to the petitioners to
handover her educational documents to the learned Counsel
appearing for the 5th respondent before this Court, not later than
5 p.m on 29.10.2024.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
JUDGE
sp/25/10/2024
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APPENDIX OF WP(CRL.) NO.1128/2024
PETITIONERS' EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE FIRST INFORMATION
REPORT AND STATEMENT IN CRIME NO. 856 /
2024 OF MANNAR POLICE STATION DATED ON
13.09.2024
Exhibit P2 THE TRUE COPY OF THE DISABILITY
ASSESSMENT BOARD CERTIFICATE ISSUED BY
THE DISTRICT HOSPITAL, KOZHENCHERRY
DATED 5.10.2012
Exhibit P3 THE TRUE COPY OF THE INTELLIGENCE
QUOTIENT (IQ) & ASSESSMENT REPORT ISSUED
BY THE PUSHPAGIRI MEDICAL COLLEGE
HOSPITAL, THIRUVALLA DATED 20.4.2024
Exhibit P4 THE TRUE COPY OF THE MEDICAL
PRESCRIPTION ISSUED BY DR.BOBBY K.
MATHEW DATED 24.10.2024
Exhibit P5 THE TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE JUDICIAL FIRST CLASS MAGISTRATE
NO-1, CHENGANNUR IN CRIME NO. 856/2024
OF MANNAR POLICE STATION DATED 14.9.2024
