Sasidharan M.K vs State Of Kerala
2025 Latest Caselaw 140 Ker

Kerala High Court

Sasidharan M.K vs State Of Kerala on 9 May, 2025

                                             2025:KER:33637

WP(Crl.).No.552/25               1

         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. 552 OF 2025

PETITIONER:

         SASIDHARAN M.K.,
         AGED 71 YEARS,
         S/O.KALIKUTTY, SAJI BHAVANAM, VENMONY P.O.,
         VENMONY VILLAGE, CHENGANNUR TALUK, ALAPPUZHA
         DISTRICT, PIN - 689 509.

         BY ADVS.
         AJITH MURALI
         MOHANAN M.K.


RESPONDENTS:

    1    STATE OF KERALA,
         DEPARTMENT OF HOME AFFAIRS, REPRESENTED BY ITS
         SECRETARY, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695 001.

    2    THE SUPERINTENDENT OF POLICE/THE DISTRICT POLICE
         CHIEF, ALAPPUZHA DISTRICT, PIN - 688 012.

    3    THE STATION HOUSE OFFICER,
         VENMONY POLICE STATION, ALAPPUZHA DISTRICT,
         PIN - 689 509.
                                                            2025:KER:33637

WP(Crl.).No.552/25                    2


    4       SUJITH E.J.,
            EDIVETTEYATHU, VENMONY P.O., VENMONY VILLAGE,
            CHENGANNUR TALUK, ALAPPUZHA DISTRICT,
            PIN - 689 509.


            SRI.K.P.HARISH, PUBLIC PROSECUTOR


     THIS    WRIT    PETITION     (CRIMINAL)      HAVING    COME   UP   FOR
ADMISSION    ON     09.05.2025,    THE    COURT     ON     THE   SAME   DAY
DELIVERED THE FOLLOWING:
                                                      2025:KER:33637

WP(Crl.).No.552/25                    3

                           JUDGMENT

Ziyad Rahman A.A.,J

This writ petition is submitted by the petitioner seeking

the following reliefs:

"i) To issue a writ of Habeas corpus commanding the respondents 2 to 4 to produce the petitioner's daughter-in-law, Vidhya Reghunathan before this Hon'ble Court, forthwith;

ii) To issue such other writ, order or direction which this Hon'ble Court may deem fit to handover the custody of the petitioner's daughter-in-law, Vidhya Reghunathan to the petitioner immediately;

iii) To issue such other writ, order or direction which this Hon'ble Court may deem fit and proper to secure the ends of justice to the facts and circumstances of this case and

iv) To dispense with the translation of the documents produced in the vernacular language.

2. The grievance raised by the petitioner is that,

the daughter-in-law of the petitioner is in the illegal custody of

the 4th respondent herein. According to the petitioner, the

alleged detenue was induced by the 4 th respondent to leave the 2025:KER:33637

residence, abandoning two of her children from 10.09.2024.

This writ petition was submitted in such circumstances. As the

3rd respondent failed to take prompt action on the complaint

submitted by the petitioner in this regard and as the son of the

petitioner, who is the husband of the detenue, is abroad, this

writ petition was submitted by the petitioner.

3. Today, when the matter is taken up for

consideration, the alleged detenue appeared before this Court.

We interacted with the alleged detenue in person, during the

course of which, she asserted that, she left the matrimonial

home voluntarily and without any compulsion. She asserted

that, she is not in any illegal detention under the 4 th respondent.

4. We interacted with the petitioner as well. After

considering all the relevant aspects and taking note of the

assertions made by the alleged detenue, we are of the view that

there is no scope for granting the reliefs sought in this writ

petition, as evidently, the alleged detenue has left the

matrimonial house on her own volition and therefore, it cannot

be held that she is under any illegal detention.

2025:KER:33637

In such circumstances, this writ petition is closed

without prejudice to the rights of the parties with regard to the

custody of the children who are now with the petitioner.

Sd/-

ZIYAD RAHMAN A.A. JUDGE

Sd/-

C. JAYACHANDRAN JUDGE DG/9.5.25 2025:KER:33637

APPENDIX OF WP(CRL.) 552/2025

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 2ND RESPONDENT DATED 27.10.2024.

Exhibit-P2 A TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE 3RD RESPONDENT DATED 27.10.2024.