Kerala High Court
Alan Lalu vs State Of Kerala on 29 April, 2025
2025:KER:33228
WP(Crl.)No.493 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
TUESDAY, THE 29TH DAY OF APRIL 2025 / 9TH VAISAKHA, 1947
WP(CRL.) NO.493 OF 2025
PETITIONER:
ALAN LALU
AGED 23 YEARS, S/O. LALU M.K.,
ALANKARACHIRA HOUSE, VAIKOM P.O.,
KOTTAYAM DISTRICT, PIN - 686 143
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
MOHAMMED THAYIB N.M.
NAYANA VARGHESE
JERRY PETER
RIA VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031
2 THE STATION HOUSE OFFICER
NANDIPET POLICE STATION, NIZAMABAD DISTRICT,
NEAR PRIMARY HEALTH CENTER, BADGUNI NIZAMABAD
TELANGANA STATE, PIN - 503 212
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WP(Crl.)No.493 of 2025
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3 THE STATION HOUSE OFFICER
CHERPU POLICE STATION, CHERPU P.O.,
THRISSUR DISTRICT, PIN - 680 561
4 THE STATION HOUSE OFFICER
VANITHA POLICE STATION, IRINJALAKUDA NORTH P.O.,
THRISSUR RURAL, THRISSUR DISTRICT, PIN - 680 125
5 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, THRISSUR RURAL,
IRINJALAKKUDA.P.O., THRISSUR DISTRICT, PIN - 680 125
6 THE CHAIRPERSON
6. KERALA WOMEN'S COMMISSION, PATTOM.P.O, PALAYAM,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 004
7 THE CITY POLICE COMMISSIONER
PATTALAM ROAD, IN FRONT OF TOWN EAST POLICE STATION,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR.P.O,
THRISSUR DISTRICT, PIN - 680 001
8 THE SUPERINTENDENT
SAKHI ONE STOP CENTERS, NEAR GENERAL HOSPITAL,
IRINJALAKUDA.P.O, THRISSUR DISTRICT, PIN - 680 125
9 GONGATI SATHEESH
S/O. GONGATI POSHANNA, AGED ABOUT 30 YEARS,
HOUSE NO.4/26, CH KONDUR, NIZAMABAD DISTRICT,
TELANGANA STATE, PIN - 503 212
BY ADV.
SRI.P.M.SHEMEER - PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 29.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(Crl.)No.493 of 2025
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G. GIRISH
&
K. V. JAYAKUMAR, JJ.
-------------------------------------
WP(Crl.) No.493 of 2025
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Dated this the 29th day of April, 2025
JUDGMENT
G. GIRISH, J.
This petition under Article 226 of the Constitution of India has
been filed by a 23 year old boy alleging illegal detention of his
fiancee. The detenu and the petitioner are said to have been working
together in a Hospital at Hyderabad, Telangana. It is stated that the
petitioner and the detenu have been in love since September, 2024,
and they were having the intention to marry. However, the relatives of
the detenu were not amenable to the above proposal. On 06.04.2025,
the petitioner and the detenu arrived at the house of a relative of the
petitioner at Thrissur District in Kerala. It is stated that they were
planning to perform the marriage ceremony at Vattekkad Durga
Temple on 10.04.2025, and the above proposal was informed to the
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detenu's family. In the meanwhile, the 9th respondent, who is the
elder brother of the detenu, and a Police Officer at Telangana, is
alleged to have made a complaint before the Nandipet Police Station,
Nizamabad District, Telangana, in connection with the missing of the
detenu. Thereafter, on 10.04.2025, the police personnel from
Nandipet Police Station, along with the 3rd respondent are said to
have taken both the petitioner and the detenu into custody. The
detenu was temporarily lodged at the institution run by the 8th
respondent at Thrissur, and the petitioner is said to have been
released. Now, the petitioner would contend that the detenu, a girl,
who had attained the age of majority, has been kept under illegal
detention, in violation of the provisions of Articles 14 and 21 of the
Constitution of India. For the above reason, the petitioner seeks the
intervention of this Court for passing appropriate orders for the
release of the detenu from illegal custody.
2. On 16.04.2025, when the matter came up for
consideration before a Division Bench of this Court, an order was
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passed directing respondents 1, 3 to 5 and 8 for arranging a video
conferencing with the detenu, or to arrange for the production of the
detenu before this Court. Accordingly, the District Legal Services
Authority, Thrissur, with the assistance of respondents 1, 3, 4 and 8
made arrangements for the video conference at the office of the
District Legal Services Authority, Thrissur.
3. Today, we interacted with the detenu online at 10.15 am
by way of video conference. We have ascertained the circumstances
under which she happened to be at Thrissur. We enquired about her
relationship with the petitioner and also ensured from her that the
detenu is aged 23 years as revealed from Ext.P3 - copy of the
Secondary School Certificate.
4. The detenu stated before us that she had been in love
with the petitioner who was working along with her as CT Technician
at Ramdev Rao Hospital, Hyderabad, Telangana. She also stated that
she voluntarily and happily went along with the petitioner to Thrissur
with a resolve to have their marriage solemnised at Thrissur. She
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further stated that there is absolutely no sort of threat or inducement
that compelled her to move to Thrissur along with the petitioner.
Upon specific query, the detenu stated that she wanted to go along
with the petitioner and to have the marriage with him solemnised.
5. Having regard to the facts and circumstances of the case
as revealed from our interaction with the detenu, we are fully
convinced of the fact that the detenu had voluntarily left her place of
employment along with the petitioner to Thrissur District in Kerala
with the desire to have the marriage performed here. Since the
detenu being a major girl, who appears to be sound in mind and
body, it is highly necessary to pass appropriate orders for her release
according to her own wishes. The Apex Court has already held in
Shafin Jahan v. Asokan K.M. and others [2018 (16) SCC 368]
that the role of the High Court ends when it is found that the girl who
has attained the age of majority has voluntarily decided to prefer her
partner and to reside along with him. Therefore, the relief sought for
by the petitioner in the present petition for the release of the detenu
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is fully justifiable.
In the result, the writ petition stands allowed. The detenu is
ordered to be released forthwith. She is set at liberty to decide her
future course of living.
Sd/-
G. GIRISH
JUDGE
Sd/-
K. V. JAYAKUMAR
JUDGE
ded
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APPENDIX OF WP(CRL.) 493/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF COMPLAINT SUBMITTED BY THE
DETENU BEFORE THE POLICE THROUGH EMAIL ON
10.04.2025
Exhibit P2 TRUE COPY OF THE REPLY TO EXHIBIT P1 ISSUED
FROM THE OFFICE OF THE DISTRICT POLICE CHIEF
TO THE DETENU THROUGH EMAIL ON 10.04.2025
Exhibit P3 TRUE COPY OF THE SECONDARY SCHOOL CERTIFICATE
OF THE DETENU ISSUED FROM THE BOARD OF
SECONDARY EDUCATION DATED 03.05.2017
