Sanal P.G. v. Circle Inspector Of Police
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE BABU MATHEW P.JOSEPH WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(Crl.).No. 135 of 2015 (S) PETITIONER:
SANAL P.G., AGED 29 YEARS, S/O.K.K.GANESHAN, PULIKKATHODI, PANNIYAMKURISSI, CHERPULASSERY, PALAKKAD - 679 503.
BY ADVS. SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENTS:
1. CIRCLE INSPECTOR OF POLICE PERINTHALMANNA POLICE STATION, PERINTHALMANNA - 679 322,
2. HAREENDRA DAS, KAITHAKKATTIL HOUSE, ERANTHODE, ANGADIPURAM, PERINTHALMANNA, MALAPPURAM DISTRICT - 679 322.
GOVERNMENT PLEADER SRI.JOBY JOSEPH.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX PETITIONER'S EXHIBITS:
EXT.P1 TRUE COPY OF EMAIL COMMUNICATIONS BETWEEN THE PETITIONER AND HARSHA.
RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/
K.T.SANKARAN & BABU MATHEW P. JOSEPH, JJ.
---------------------------------------------------- W.P.(Crl) No.135 of 2015 (Habeas) ---------------------------------------------------- Dated this the 8th day of April, 2015
JUDGMENT
K.T.Sankaran, J.
The case of the petitioner is that he was in love with the daughter of the second respondent and they decided to marry. But when the second respondent came to know about the same, he virtually detained his daughter. According to the petitioner, his fiancee is under the illegal detention of the second respondent.
2. When the Writ Petition (Criminal) came up for admission on 1.4.2015, a Division Bench of this Court passed the following order: "The first respondent shall submit a report as to whether Harsha is under the illegal detention of the second respondent. The first respondent shall depute two women police constables, not in uniform, to meet Harsha at her residence and to get her statement. The statement and report shall be produced before Court on 8.4.2015. The women civil police officers deputed by
W.P.(Crl) No.135 of 2015 (Habeas) :: 2 ::
the first respondent shall ensure that the statement given by Harsha is free and fair and that it is not under the compulsion or influence of anybody else.
Post on 8.4.2015."
3. The statement of the alleged detenue was recorded by a woman Civil Police Officer of Perinthalmanna Police Station in the presence of another woman Civil Police Officer and in the absence of the parents of the detenue. The alleged detenue stated that she is a free person and that her wedding is scheduled to be held on 8.4.2015. It is stated by her that her marriage was fixed as per her free consent. The statement given by the alleged detenue is taken on record. No further orders are required in the Writ Petition (Criminal).
The Writ Petition (Criminal) is, accordingly, closed. (K.T.SANKARAN) Judge (BABU MATHEW P. JOSEPH) Judge ahz/