Geevarghese v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE SMT. JUSTICE P.V.ASHA TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 WP(Crl.).No. 164 of 2015 (S) ----------------------------- PETITIONER:
---------- GEEVARGHESE AGED 27 YEARS S/O.A.VRAJAN, AIKARAKUDIYIL HOUSE, SOUTH MARADY POST MARADY PANCHAYATH, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN 686673 BY ADV. SRI.P.V.SANTHOSH JOSE RESPONDENTS:
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1. STATE OF KERALA REP. BY THE HOME SECRETARY, HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001
2. THE SUB INSPECTOR OF POLICE MUVATTUPUZHA POLICE STATION ERNAKULAM DISTRICT 686661
3. THE CIRCLE INSPECTOR OF POLICE MUVATTUPUZHA POLICE STATION ERNAKULAM DISTRICT 686661
4. THE DEPUTY SUPERINTENDENT OF POLICE MUVATTUPUZHA, ERNAKULAM DISTRICT 686661
5. M.P.JAMES, AGED 54 YEARS S/O.NOT KNOWN, ANIKKATU HOUSE, EAST MARADY POST MARADY PANCHAYATH, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN 686673
6. ALICE JAMES, AGED 50 YEARS W/O.MP.JAMES, ANIKKATU HOUSE, EAST MARADY POST MARADY PANCHAYATH, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN 686673
7. PHILIP JAMES, AGED 27 YEARS S/O.MP.JAMES, ANIKKATU HOUSE, EAST MARADY POST MARADY PANCHAYATH, MUVATTUPUZHA, ERNAKULAM DISTRICT PIN 686673 BY GOVERNMENT PLEADER SMT.KOCHUMOL KODUVATH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 164 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ P1:THE TRUE PHOTO COPY OF THE MARRIAGE AGREEMENT DATED 10.03.2015 BETWEEN THE PETITITIONER AND THE DETENUE P2:TRUE COPY OF THE COMPLAINT DATED 07.04.2015 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT P3:TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT FOR EXT P2 RESPONDENT(S)' EXHIBITS ------------------------ NIL (SD/-) TRUE COPY PA TO JUDGE
A.M.SHAFFIQUE, J & P.V.ASHA, J * * * * * * * * * * * * W.P.(Crl).No.164 of 2015 ---------------------------------------- Dated this the 28th day of April 2015
J U D G M E N T
Shaffique,J Petitioner has filed this writ petition seeking a writ of habeas corpus inter alia alleging that Smt.Anju James has been in the illegal detention of respondents 5 to 7. 2.
In fact, this Court had originally directed the police to obtain a statement from the detenue. The statement so filed indicated that she was not under the illegal detention of anyone. However, the petitioner was not satisfied and hence the detenue was produced before this Court today. 2.
We interacted with the detenue. She submitted that she is neither under the illegal custody of any person nor has been detained by any person. She submits that she is living with her uncle and is giving the statement on her own will.
W.P.Crl.No.164/2015 Having regard to the aforesaid submission of the detenue, we do not think that a case of illegal detention has been made out by the petitioner. Accordingly, this writ petition is dismissed.
(sd/-) (A.M.SHAFFIQUE, JUDGE) (sd/-) (P.V.ASHA, JUDGE) jsr