Kerala High Court
Heera Rajan vs State Of Kerala on 4 July, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:49254
WP(CRL.) NO. 787 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(CRL.) NO. 787 OF 2025
PETITIONER:
HEERA RAJAN
AGED 29 YEARS
D/O RAJAN, THIRUTHIKAD HOUSE, PORKKULAM PO, THRISSUR,
PIN - 680542
BY ADV SMT.SREELAKSHMI SABU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, THE DEPARTMENT OF HOME
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM,
PIN - 695014
3 THE SUPERINTENDENT OF POLICE
DISTRICT POLICE OFFICE, YAKKARA ROAD, PALAKKAD, KERALA,
PIN - 678014
4 STATION HOUSE OFFICER
KOTTAYI POLICE STATION, MANKARA - PALAKKAD ROAD,
KOTTAYI, KERALA, PIN - 678572
5 V.K SETHUMADHAVAN
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WP(CRL.) NO. 787 OF 2025
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KRISHNA KRIPA, THARAVATHUPADI, PERINGOTTUKURISSI P.O,
VADAKKUMPURAM, PALAKKAD, PIN - 678574
6 USHA SETHUMADHAVAN
W/O SETHUMADHAVAN, KRISHNA KRIPA, THARAVATHUPADI,
PERINGOTTUKURISSI P.O, VADAKKUMPURAM, PALAKKAD, PIN -
678574
BY ADVS.
SHRI.RAJESH SIVARAMANKUTTY
SMT.VIJINA K.
SRI.ARUL MURALIDHARAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
DEVAN RAMACHANDRAN (J)
This petition has been filed by the wife
of the alleged detenue, imputing that the latter
is being detained against his wishes by
respondents 5 and 6 - who are his parents.
2. The allegations in this Writ
Petition are rather strange because, the wife
asserts that she has been kept away from her
husband by her in-laws; but conceding in the
same breath that the alleged detenue - the
former, is 37 years in age.
3. However, Sri.Rajesh Sivaramankutty -
learned counsel for the respondents, in
response, asserted that the alleged detenue is
not under detention, but is incapacitated due to
disease, undergoing treatment at home.
4. On hearing Sri.Rajesh Sivaramankutty
as afore, we passed the following order on
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30.06.2025:
"Sri.Rajesh Sivaramankutty appears
for the respondents 5 and 6 and submits
that the alleged detenue, being the son of
his clients, is now bedridden on account of
a Debilitating medical condition.
2. Though Smt.Sreelakshmi Sabu,
appearing for the petitioner, controverts
the afore submission, we are of the view
that her client should be given an
opportunity to meet the alleged detenue in
his residence, which is stated to be at
Palakkad.
3. We, therefore, allow the
petitioner to visit the alleged detenue at
the residence of his parents, namely the
respondents 5 and 6 at Palakkad, from 11
A.M tomorrow (01.07.2025). She shall be
allowed to be with her husband for as long
as it is possible without any constraints
of time; but ensuring that the alleged
detenue is not put to any inconvenience.
4. Since the petitioner expresses an
apprehension that she may face impediments
in the afore interaction, we direct the 4th
respondent, Station House Officer to send a
suitable Police Officer, not in uniform to
the residence in question at 11 A.M; and
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that Officer will ensure that the
interaction go so smoothly. Of course, it
is not necessary for the Officer so deputed
to remain throughout, but it will be
sufficient that he / she keeps a watch and
so that a report can be then favoured to us
through the learned Government Pleader.
List, therefore, on 02.07.2025."
5. Today, we are told that the
petitioner is now residing along with the
alleged detenue in the residence of respondents
5 and 6; and we notice that she has filed an
affidavit before this Court to the effect that
she is willing to take him and admit him in the
"Aster Medcity", Ernakulam on 07.07.2025. She
has also averred that she will take him in an
ambulance, and have him treated.
6. Sri.Sunil Nath - learned Government
Pleader appearing for the official respondents,
conceded that the alleged detenue also seems to
be wanting to go with the petitioner and that
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there does not appear to be severe disputes
between them. He suggested that, perhaps, the
disputes are really between the petitioner and
her in-laws, rather than with the alleged
detenue.
7. Sri.Rajesh Sivaramankutty, at this
time, submitted that his clients have absolutely
no objection to their son being taken to the
"Aster Medcity" and given the best care. He,
however, prayed that they be allowed the
opportunity of being part of the treatment and
being with him, subject to the rules of the
hospital.
8. It is thus obvious that there are
hardly any disputes that we need to resolve; and
that we are now enjoined to dispose of this Writ
Petition edificed on the limited consent that we
see between the parties.
In the afore circumstances, this Writ
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WP(CRL.) NO. 787 OF 2025
Petition is disposed of, recording that the
alleged detenue is not under detention of
respondents 5 and 6, but he is under treatment.
We allow the petitioner to take the
alleged detenue from his paternal house to the
"Aster Medcity" on 07.07.2025 and to admit him
there and continue the treatment, as long as it
is required. We also permit respondents 5 and 6
to be fully involved in the treatment of their
son and to be with him in the hospital, subject
to its rules and regulations.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B. SNEHALATHA
SAS JUDGE
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WP(CRL.) NO. 787 OF 2025
APPENDIX OF WP(CRL.) 787/2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED
BY THE GURUVAYUR MUNCIPALITY DATED 2.4.2018.
Exhibit P2 PHOTOGRAPH OF THE PETITIONER ALONG WITH HER
HUSBAND AND CHILD.
Exhibit P3 TRUE COPY OF THE INPATIENT DISCHARGE SUMMARY
ISSUED BY DR. M ZUCCARELLO DATED 16.12.2021.
Exhibit P4 TRUE COPY OF THE DISCHARGE SUMMARY OF THE
DETENUE ISSUED FROM CHRISTIAN MEDICAL COLLEGE
VELLORE DATED 26.3.2024.
Exhibit P5 TRUE COPY OF THE SCREENSHOT OF THE MESSAGES
OF THE DETENUE WITH THE PETITIONER.
Exhibit P6 TRUE COPY OF THE SCREEN SHOT OF THE
APPOINTMENT CONFIRMATION OF DR. DILIP PANIKAR
FROM ASTER MEDICITY ON 7.7.2025.
Exhibit P7 TRUE COPY OF THE COMPLAINT PREFERRED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT ALONG
WITH ITS RECEIPT OF NOTICE DATED 18.6.2025.
