← Library
High Court of KeralaWP(Crl.)/499/2014closed

Sanshil T.S. v. Sub Inspector Of Police

2015-01-30Honourable Mr. Justice P.D.Rajan,Honourable Mr.Justice V.K.Mohanan7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(Crl.).No. 499 of 2014 (S) ----------------------------- PETITIONER(S):

--------------- SANSHIL T.S. AGED 27 YEARS S/O.SUNDARAN, THONIPPARAMBIL HOUSE, KAIPAMANGALAM P.O. THAINAGAR, THRISSUR.

BY ADV. SRI.DENIZEN KOMATH RESPONDENT(S):

----------------

1. SUB INSPECTOR OF POLICE MATHILAKAM POLICE STATION, KODUNGALLOOR THRISSUR - 680 664.

2. RADHAKRISHNAN, NADAKKAL HOUSE, PANAMBIKUNNU CHALINGADU KAIPAMANGALAM P.O, THAINAGAR, THRISSUR - 680 681. R1 BY ADV. SRI. SHIBU JOSEPH - ADDL.DIRECTOR GENERAL OF PROSECUTION THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 499 of 2014 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1: TRUE PHOTOCOPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 4/12/2014.

RESPONDENT(S)' EXHIBITS ------------------------:

NIL.

TRUE COPY PA TO JUDGE.

acd

V.K. MOHANAN & P.D. RAJAN, JJ.

------------------------------------------- W.P.(Crl) No.499 of 2014 ---------------------------------------------- Dated this the 30th day of January, 2015

JUDGMENT

V.K.Mohanan,J.

Alleging that Miss. Rabitha Krishnan is kept under the illegal confinement of her father-the 2nd respondent, the petitioner preferred this writ petition, since, according to him, himself and said Rabitha Krishnan were in love for the last several years and they have decided to marry each other. The specific contention taken by the petitioner is that as the 2nd respondent is not amenable to the above relationship between the petitioner and Rabitha Krishnana, the said Rabitha Krishnana is kept under his illegal custody and therefore, in the above writ petition, it is prayed to issue a writ of Habeas Corpus or any other order, writ or direction, issuing rule nisi, calling upon respondents herein to produce

the body of Miss. Rabitha Krishnan, daughter of 2nd respondent in Court and to set her at liberty. 2.

Pursuant to the order dated 9.12.2014, the said Miss. Rabith Krishnan is produced before us and we have interacted with her, the 2nd respondent and also with the petitioner. Thereafter, this Court passed orders on 16.12.2014, 5.1.2015 and 28.1.2015. Those orders will form part of this judgment.

3.

As per the order dated 28.1.2015, we permitted the petitioner to take the detenue to register their marriage in the office of the Marriage Officer, Mathilakom and directed to post the matter today and also directed the 1st respondent to produce the detenue before this Court. The petitioner is also directed to produce the marriage certificate, if any, on that date. 4.

Thus when the matter is taken today, both the

detenue and the petitioner appeared before us and they have handover a photocopy of marriage certificate, bearing Sl.No.2/2015 dated 28.1.2015 issued from the Marriage Officer, Mathilakom, which shows that the marriage between the petitioner and Miss. Rabitha Krishnan was registered on 28.1.2015. Thus, it can be seen that the said Rabitha Krishnan is now the wife of the petitioner and therefore, she is at liberty to go, according to her desire and decision. As Miss. Rabitha Krishnan is not under illegal confinement of anybody and as no further orders are warranted, the Writ Petition (Crl) is closed accordingly. V.K. MOHANAN, JUDGE.

P.D. RAJAN, JUDGE.

acd