Ms.Bindhu v. The Sub Inspector Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.K.MOHANAN & THE HONOURABLE MR. JUSTICE P.D.RAJAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 WP(Crl.).No. 534 of 2014 (S) ----------------------------- PETITIONER(S):

-------------------------- MS.BINDHU, W/O.VENU, AGED 40 YEARS, V.B. SADANAM, NJEKKAD, VADASSERY KONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.C.K.MOHANAN.

RESPONDENT(S):

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

1. THE SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA, ERNAKULAM DISTRICT-682 301.

2. THE CIRCLE INSPECTOR OF POLICE, HILL PALACE POLICE STATION, THRIPUNITHURA, ERNAKULAM DISTRICT-682 301.

3. THE COMMISSIONER OF POLICE, KOCHI-682 031.

4. DIRECTOR GENERAL OF POLICE (LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

5. MUHAMMED KABEER, S/O.THAHA, AGED 23 YEARS, SABEER MANZIL, CHILAKKOOR ROAD, CHILAKKOOR, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT-695 141.

6. SABEER, S/O.THAHA, AGED 22 YEARS, SABEER MANZIL, CHILAKKOOR ROAD, CHILAKKOOR, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT-695 141.

7. THAHA, AGED 55 YEARS, SABEER MANZIL, CHILAKKOOR ROAD, CHILAKKOOR, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT-695 141. R1 TO R4 BY GOVT. PLEADER SMT.KOCHUMOL KODUVATH. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14-01-2015, ALONG WITH WP(C).NO.35401 OF 2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(Crl.).No. 534 of 2014 (S) APPENDIX PETITIONER'S EXHIBITS:- NIL.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

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

WP(crl)No.534 of 2014 & WP(C)No.35401 of 2014 .......................................

Dated 14th January, 2015

JUDGMENT

P.D.RAJAN, J In continuation of the earlier order issued by this court, the detenue Vineetha, aged 23 years has been produced before this court, who is accompanied by a woman police constable. The father and mother of the detenue, the mother and father's brother of Kabeer are also present. During interaction with the detenue, she told us that she talked with her parents and at that time, her father told her that he is ready and willing for the marriage of her daughter Vineetha with Muhammed Kabeer. She also stated that her younger sister has completed 18 years of age and is studying for 1st year Degree Course at S.N.College, Varkala and after the marriage of her younger sister, her father will arrange her marriage with Muhammed Kabeer. We also interacted with the father of the detenue. He assured that after the marriage of his younger daughter, he is

Wp(crl)534/14 ready for the marriage of the detenue with Muhammed Kabeer, whose mother has also agreed for the same. We record the above statement of the detenue, her father and the mother of Muhammed Kabeer. Considering the above submission, we are of the view that the petitioner is at liberty to go along with her parents as per the above statements given by the parties.

In the light of the above submission, we clarify that there is no illegal detention of the detenue by anybody and interference under Article 226 of the Constitution of India is not warranted in this case. Detenue is permitted to go along with her parents. This petition is closed. In view of the above direction, the prayer sought for in WP(C) 35401 of 2014 for police protection has become infructuous and it is also closed.

V.K.MOHANAN, JUDGE P.D.RAJAN, JUDGE lgk