Kerala High Court
Nikhil P.B vs State Of Kerala on 9 May, 2025
2025:KER:33687
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 9TH DAY OF MAY 2025 / 19TH VAISAKHA, 1947
WP(CRL.) NO. 557 OF 2025
PETITIONER:
1 NIKHIL P.B
AGED 29 YEARS
S/O BALAN, PADIKKATHAZHATH HOUSE, PATTATHIDAM DESOM,
PAZHANJI P.O, THRISSUR DISTRICT, PIN - 680542
BY ADVS.
C.DHEERAJ RAJAN
ANAND KALYANAKRISHNAN
LIBIN VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 DEPUTY SUPERINTENDENT OF POLICE
KUNNAMKULAM, KUNNAMKULAM P.O,
THRISSUR DISTRICT, PIN - 680503
3 CIRCLE INSPECTOR OF POLICE
KUNNAMKULAM POLICE STATION, KUNNAMKULAM P.O,
THRISSUR DISTRICT, PIN - 680503
4 SUNITHA
AGE NOT KNOWN TO THE PETITIONER, W/O SOMAN,
THOTTUPARATH HOUSE, CHERUTHURUTHY DESOM,
PAZHANJI P.O, THRISSUR DISTRICT, PIN - 680542
W.P.(Crl.) No.557 of 2025 2025:KER:33687
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5 SOMAN
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
THOTTUPARATH HOUSE, CHERUTHURUTHY DESOM, PAZHANJI
P.O, THRISSUR DISTRICT, PIN - 680542
BY ADVS.
SRI. V. TEKCHAND, GOVERNMENT PLEADER
M.BALAGOVINDAN
S.SHIBU KUMAR(K/1689/2000)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 09.05.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.) No.557 of 2025 2025:KER:33687
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ZIYAD RAHMAN A.A. & C.JAYACHANDRAN, JJ.
---------------------------------------------
W.P.(Crl.) No.557 of 2025
---------------------------------------------
Dated, this the 09th day of May, 2025
JUDGMENT
C.JAYACHANDRAN, J.
The petitioner approached this Court seeking issuance of
Writ of Habeas Corpus on the allegation that his fiancee,
the alleged detenue - by name Ardhra, aged 22 years - is
under illegal detention of her parents, who are respondents
4 and 5 herein. The petitioner is having an affair with the
alleged detenue and both are employed at Bangalore. The
petitioner is a member of the Pulaya caste, whereas the
alleged detenue belongs to Ezhava. The family of the
alleged detenue is against the relationship between the
petitioner and the detenue. When the detenue was prepared
to go along with the petitioner on 30.04.2025, respondents
4 and 5 locked her in a room and took off her mobile phone.
It is accordingly that the present petition has been filed.
W.P.(Crl.) No.557 of 2025 2025:KER:33687
2. We have interacted with the detenue, her mother, as
also, the petitioner. The detenue expressed her strong
resolve to go along with the petitioner, on whom she has
full confidence. She would hasten to add that her liberty
to contact the petitioner and to go out of the house are
curtailed by her parents. The petitioner reciprocate that
he is fully prepared to accept the detenue as his partner
and to take care of her. It was also assured before us that
the family of the petitioner is also ready to support the
petitioner and the detenue, as also, to conduct their
marriage under the Special Marriage Act. We have also
interacted with the parents of the petitioner, who would
submit that they are prepared to take the detenue to their
home and to take care of her, until the marriage between
the petitioner and the detenue is registered as per the
provisions of the Special Marriage Act, which submission is
hereby recorded.
3. We notice that the detenue is aged 22 years,
wherefore, she is at liberty to take a call as regards her
future and life, especially in the matter of choosing her
W.P.(Crl.) No.557 of 2025 2025:KER:33687
partner. There cannot be any fetters to such right of the
detenue.
4. In the above circumstances, we direct the detenue to
be set free from the custody of respondents 4 and 5. It
will be open for the detenue to go along with the
petitioner, who is the person of her choice. We also direct
that the petitioner will ensure that the marriage between
himself and the detenue in accordance with the provisions
of the Special Marriage Act is registered at the earliest
and the marriage certificate shall be produced before this
Court within a period of two months from today.
The W.P.(Crl.) is allowed as indicated above.
Sd/-
ZIYAD RAHMAN A.A., JUDGE
Sd/-
C. JAYACHANDRAN, JUDGE
SKP/09-05
W.P.(Crl.) No.557 of 2025 2025:KER:33687
APPENDIX OF WP(CRL.) 557/2025
PETITIONER'S EXHIBITSL
EXHIBIT P1 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING
THE LOVING RELATIONSHIP OF THE PETITIONER
AND THE DETENUE
EXHIBIT P2 THE TRUE COPY OF THE MESSAGES DATED NIL
SEND BETWEEN THE PETITIONER AND THE DETENUE
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
