Kerala High Court
Anu Manohar vs State Of Kerala on 28 October, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:80793
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
&
THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(CRL.) NO. 1423 OF 2025
PETITIONER:
ANU MANOHAR, AGED 41 YEARS
W/O SYAMKUMAR, THOTTUVELILHOUSE,
VARAPPUZHA(P.O)PUTHENPALLY ROAD, PARAPPU
ERNAKULAM (DT), PIN - 683517.
BY ADVS.
SMT.M.MADHUBHEN
SHRI.SUJITH C.D.
SHRI.VIBIN V.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE HOME SECRETARY TO
GOVERNMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE STATION HOUSE OFFICER
BINAMIPURAM POLICE STATION, MUPPATHADAM(P.O) ,
ALUVA (RURAL), ERNAKULAM(DT), PIN - 683110
3 ANOOP, AGED 38 YEARS
S/O MANOHARAN.N.C NERIAMPILLY HOUSE,
KONGORPILLY KARA, ALANGADU VILLAGE,
ALANGADU (P.O) ERNAKULAM (DT), PIN - 683511
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WP(CRL.) NO. 1423 OF 2025
-2-
4 DR.MARY SHYNE, AGED 38 YEARS
W/O ANOOP, NERIAMPILLY HOUSE,
KONGORPILLY KARA, ALANGADU VILLAGE,
ALANGADU (P.O) ERNAKULAM (DT).,
PIN - 683511.
GP - SRI.N.B.SUNIL NATH
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 28.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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-3-
JUDGMENT
Devan Ramachandran, J.
The petitioner alleges that her parents
('alleged detenues') are being detained against
their wishes by respondents 3 and 4, who are her
brother and sister-in-law respectively.
2. However, on 24.10.2025, Sri.N.B.Sunil
Nath - learned Government Pleader, after
obtaining instructions from the official
respondents, informed us that the 'alleged
detenues' are not under detention, but are under
the care and protection of respondents 3 and 4.
3. We, therefore, passed an order on the
aforementioned date, namely 24.10.2025, which is
self-explanatory and hence extracted below:
The learned Government Pleader
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says that the alleged detenues are not
under detention and are under the care
and protection of respondents 3 and 4 -
who are their son and daughter-in-law at
Binanipuram.
We, therefore, allow the
petitioner to visit the place where the
alleged detenues are now residing at 11
A.M tomorrow (25.10.2025) and the result
of such interaction shall be made
available to us on 27.10.2025. For this
purpose, we direct the Station House
Officer, Binanipuram, to depute a lady
officer not in uniform, to accompany the
petitioner; for which, we direct her to
approach the said officer at 10.30 A.M.
The police officer will remain until
such time as the interaction continues,
which shall be for a minimum period of
one hour, but for a maximum of three
hours.
Post on 27.10.2025.
4. Today, Smt.M.Madhubhen - learned
counsel for the petitioner, conceded that her
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client could not visit her parents on 25.10.2025
because her son had taken ill on that day; but
that she visited them on 27.10.2025, again in
the presence of the Police Officer as ordered by
us. She imputed that, though her client was able
to talk to her parents, they were forced to do
so at the Veranda of the house, since
respondents 3 and 4 did not allow her to enter
it; and pleaded that she be given full freedom
to visit her parents whenever she wants.
5. Smt.M.Madhubhen, thereafter, submitted
that her client has filed an affidavit today,
explaining what happened during the interaction;
and reiterated that she was not allowed to enter
the house by the party respondents. She
explained that this appears to be because the
party respondents were apprehensive that the
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petitioner will talk to her parents about a
document that they were forced to execute in
their favour; and that, in fact, the 3 rd
respondent compelled one of the 'alleged
detenues' to call a relative, who offered Rs.15
lakhs and five cents of land to the petitioner.
She concluded, saying that her client's parents
are not even aware of the document which they
are stated to have executed in favour of the 3rd
respondent and that their desire is that she
gets 50% of their properties.
6. Sri.N.B.Sunil Nath - learned Government
Pleader, however, submitted that the Police
Officer did not witness any of the afore alleged
incidents; and that, according to her, the
interactions went off smoothly.
7. We must remind ourselves that we are
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not exercising jurisdiction in a property
dispute between the parties, but only on a plea
for issuance of a Writ of Habeas Corpus, on the
allegation that the 'alleged detenues' are being
illegally detained.
8. However, even going by the submissions
of Smt.M.Madhubhen, the imputation of the
alleged detention of the 'alleged detenues' by
the party respondents does not appear to be
tenable; but that the petitioner is concerned
that her parents have been forced to execute
certain documents in favour of the party
respondents, without them being aware of its
contents.
9. Prima facie, all the issues between the
parties appear to be in the civil realm; and, in
fact, Smt.M.Madhubhen even added that her client
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intends to initiate litigation against the party
respondents.
10. As far as we are concerned, our
endeavour is only to find whether the 'alleged
detenues' are under detention. We are convinced
that they are not so; and hence the petitioner
must approach other Forums, if she requires any
further remedies.
Consequently, this Writ Petition is
dismissed.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv JUDGE
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WP(CRL.) NO. 1423 OF 2025
APPENDIX OF WP(CRL.) 1423/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY
DATED 01/04/2025
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED DTD
01/08/2025 NO:1863/I/2025 OF SRO
ALANGAD
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
01/09/2025 IN CRL.M.P 3479/2025 IN MC
34/2025 FROM JUDICIAL FIRST CLASS
MAGISTRATE COURT -III ,NORTH PARAVOOR
EXHIBIT P4 TRUE COPY OF THE PETITION DATED
16/10/2025 ADDRESSING THE 2ND
RESPONDENT
EXHIBIT P4(A) TRUE COPY OF RECEIPT OF RECEIVING E-
MAIL BY R2 DTD 16/10/2025
