Muhammed Shafeeque M v. The State Police Chief
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 WP(C).No. 27750 of 2015 (P) ---------------------------- PETITIONER(S) :- -----------------
1. MUHAMMED SHAFEEQUE M., AGED 25 YEARS S/O.KUTTAN, MALIYEKKAL HOUSE, KOORIYAD INDIYANOOR P.O., KOTTAKKAL, MALAPPURAM DISTRICT.
2. SALEENA K. AGED 33 YEARS W/O.MUHAMMED SHAFEEQUE, KAPPAN HOUSE, CHERUR P.O., MALAPPURAM, PIN-676 304.
BY ADVS.SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SMT.A.A.SHIBI RESPONDENT(S) :- ------------------
1. THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN-695 001.
2. THE SUB INSPECTOR OF POLICE KOTTAKKAL POLICE STATION, MALAPPURAM, PIN-676 503.
3. KUTTAN S/O.KUNJELU, MALIYEKKAL HOUSE, KOORIYAD INDIYANOOR P.O., KOTTAKKAL, MALAPPURAM DISTRICT PIN-676 503.
R3 BY ADV. SRI.C.K.MOHANAN R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-09-2015 ALONG WITH W.P.(Crl)391/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 27750 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ----------------------------- EXT.P1 : TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 19-8-2015 ISSUED BY THE MARRIAGE OFFICER/SUB REGISTRAR, TIRURANGADI. EXT.P2 : TRUE COPY OF THE CERTIFICATE OF CONVERSION ISSUED BY THARBIYATHUL ISLAM SABHA DT 19-5-2015.
EXT.P3 : TRUE COPY OF THE JUDGMENT IN WP(CRL) NO.318/2015 DT 21-7-2015 OF THIS HON'BLE COURT.
EXT.P4 : TRUE COPY OF THE REPRESENTATIONS DT 13-9-2015 ADDRESSED TO THE RESPONDENTS 1 AND 2.
EXT.P4(a) : TRUE ENGLISH TRANSLATION OF EXT P4. RESPONDENT(S)' EXHIBITS :- NIL ------------------------------- //TRUE COPY// P.A. TO JUDGE
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
-------------------------------------- W.P.(Crl) No.391 of 2015 and W.P.(C) No.27750 of 2015 --------------------------------------- Dated this the 25th day of September 2015
J U D G M E N T
Shaffique, J.
W.P.(Crl) No.391 of 2015 has been filed as a Habeas Corpus by the petitioner alleging that his younger son, Jinesh M., is under the illegal custody of the 5th respondent and others. It is stated that the 5th respondent is a Muslim woman and a divorcee and respondents 6 and 7 are her brother and mother. Respondents 8 and 9 are her close relatives.
2.
The respondents were asked to produce the detenue before the Court and by an interim order dated 17.9.2015, this Court had permitted the detenue to go with his parents. It was also observed that if his wife, the 2nd petitioner in W.P.(C) No.27750 of 2015, was willing to go with him, she will also be permitted to reside in the house of the parents of the detenue. 3.
W.P.(C) No.27750 of 2015 has been filed by the alleged detenue along with his wife, Saleena K. In the said writ petition, the detenue sought for police protection on the allegation that the 3rd respondent, who is the petitioner in W.P.(Crl) No.391 of 2015
W.P.(Crl) No.391 of 2015 and W.P.(C) No.27750 of 2015 -: 2 :- along with certain persons in the locality are threatening and not permitting them to live together as husband and wife. 4.
When both these matters came up for hearing, we have interacted with the alleged detenue as well as the aforesaid Saleena K. The detenue submits that he was not under the illegal custody of any person and he intends to live with his father. The detenue also had a private talk with Saleena K. and according to them, they have decided to live together. Since both the parties have arrived at a proper settlement and since the detenue is not under the illegal confinement, we do not think it necessary to issue any direction as sought for in the Habeas Corpus petition or in the police protection matter.
Accordingly, both the writ petitions are closed. Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt/26.9.2015.