Kerala High Court
Anandhu Aju vs The District Police Chief, Kozhikode ... on 13 May, 2025
Author: Anil K. Narendran
Bench: Anil K.Narendran
2025:KER:33740
WP(CRL.) NO. 570 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(CRL.) NO. 570 OF 2025
PETITIONER:
ANANDHU AJU, AGED 23 YEARS
S/O. AJU, VERARAPPILLIL HOUES,
MANIPURAM P.O., KODUVALLY, OTHAYOTH,
KOZHIKODE DISTRICT, PIN - 673572
BY ADVS. K.R.RAJKUMAR
JAGADEESH LAKSHMAN
AROMALUNNI M.S.
R.K.RAKESH
NANDANA BABU T.
SREELAKSHMI P.S.
NANDIDA SEBASTIAN
NAVEEN P. MATHEW
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL
PAVAMANI ROAD, TAZHEKKOD, KOZHIKODE, PIN - 673004
2 THE STATION HOUSE OFFICER
KUNNAMANGALAM POLICE STATION, KUNNAMANGALAM P.O.,
KOZHIKODE DISTRICT, PIN - 673571
3 PAREETH
KOTTAKKAL HOUSE, KOTTAKAVAYAL, PADANILAM,
KUNNAMANGALAM KOZHIKODE DISTRICT, PIN - 673571
2025:KER:33740
WP(CRL.) NO. 570 OF 2025 2
4 SAFIYA, W/O PAREETH, KOTTAKKAL HOUSE,
KOTTAKAVAYAL, PADANILAM,
KUNNAMANGALAM KOZHIKODE DISTRICT, PIN - 673571
BY ADVS.
RAFFEEKH KOTTACKAL
P.K.MOHAMED JAMEEL(K/000168/2001)
SMT.MARY BEENA JOSEPH, SR.G.P
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 13.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:33740
WP(CRL.) NO. 570 OF 2025 3
JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition invoking the writ
jurisdiction of this Court under Article 226 of the Constitution of
India, seeking a writ of Habeas Corpus, commanding the
respondents to produce the corpus of the alleged detenue,
Rinisha Fathima, aged 20 years, before this Court and secure her
free from the illegal detention and confinement. In the writ
petition, it is alleged that the detenue is under the illegal
confinement and detention of respondents 3 and 4, who are her
parents.
2. On 09.05.2025, when this writ petition came up for
admission, taking note of the claim that the marriage of the
petitioner and the alleged detenue has already been taken place
and in view of Exhibits P6 and P7, the Division Bench found that
an interaction with the alleged detenue is necessary to ascertain
whether she is in illegal detention. Therefore, by the order dated
09.05.2025, the 2nd respondent was directed to bring the alleged
detenue before this Court today at 10.15 a.m.
3. Today, when this matter is taken up for consideration,
the alleged detenue is personally present before this Court. We
2025:KER:33740
have interacted with the alleged detenue and also the petitioner.
The alleged detenue has stated in categorical terms that she is
not in the illegal confinement of anyone, including respondents 3
and 4 and that she is residing with her parents, at her home.
4. On an interaction with the alleged detenue, we are
unable to find out a case of illegal confinement. The alleged
detenue is aged 20 years and she is capable of taking a decision
fully aware of the consequences. This Court, in exercise of the
extraordinary jurisdiction under Article 226 of the Constitution of
India, can issue a writ of Habeas Corpus only if it is shown that
the alleged detenue is under illegal confinement. In the facts
and circumstances of the case, we do not find any illegal
confinement. In view of the above, we find absolutely no ground
to issue a writ of Habeas Corpus.
The writ petition fails and the same is, accordingly,
dismissed.
Sd/-/-
ANIL K. NARENDRAN, JUDGE
Sd/-
M.B. SNEHALATHA, JUDGE
ajt
2025:KER:33740
APPENDIX OF WP(CRL.) 570/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE MARRIAGE
CERTIFICATE ISSUED BY THE SECRETARY OF
KAVUMBHAGOM SREE CHAMUNDESWARI DEVI
TEMPLE, POOPARA, DATED 25-03-2025
Exhibit P2 THE TRUE COPY OF FIR NO. 254 OF 2025
REGISTERED BY THE KODUVALLY POLICE
STATION, BASED ON THE COMPLAINT OF THE
PETITIONER'S FATHER DATED 25-03-2025
Exhibit P3 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE FATHER OF THE PETITIONER BEFORE THE
KODUVALLY POLICE, DATED 25-03-2025,
SUBMITTED BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE, THAMARASSERY
Exhibit P4 THE TRUE COPY OF FIR NO. 269 OF 2025
REGISTERED BY THE KUNNAMANGALAM POLICE
STATION, BASED ON THE COMPLAINT FILED BY
THE 4TH RESPONDENT DATED 25-03-2025
Exhibit P5 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE 4TH RESPONDENT BEFORE THE
KUNNAMANGALAM POLICE, DATED 25-03-2025,
FILED BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE, KUNNAMANGALAM
Exhibit P6 THE TRUE COPY OF THE STATEMENT GIVEN BY
THE PETITIONER BEFORE THE KODUVALLY
POLICE, DATED 27-03-2025, FILED BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE,
THAMARASSERY ALONG WITH TYPED COPY.
Exhibit P7 THE TRUE COPY OF THE STATEMENT RECORDED
BY THE LEARNED JUDICIAL FIRST CLASS
MAGISTRATE FROM THE DETENUE, DATED 27-
03-2025
