A.P.Joy v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN TUESDAY, THE 30TH DAY OF JUNE 2015/9TH ASHADHA, 1937 WP(Crl.).No. 208 of 2015 (S) ----------------------------- PETITIONER:

------------------- A.P.JOY, AGED 49 YEARS, S/O.PAILY, ATHRUKKUZHIYIL HOUSE, KUREEKKAD P.O.

KUREEKKAD DESOM, KUREEKKAD VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN 682305 BY ADV. SRI.V.K.BALACHANDRAN RESPONDENTS -----------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO HOME DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695001

2. SUB INSPECTOR OF POLICE CHOTTANIKKARA POLICE STATION, CHOTTANIKKARA PO ERNAKULAM DISTRICT, PIN 682314

3. ATHULDAS S/O.HARIDAS, AGE NOT KNOWN TO THE PETITIONER RESIDING AT THAKIDIPPURATHU THADATHIL NEAR CHORAKKUZHY BRIDGE, PUTHUVELY PO, PUTHUVELY DESOM VELIYANNOOR VILLAGE, KOTTAYAM DISTRICT, PIN 686636.

4. HARIDAS FATHER'S NAME NOT KNOWN TO THE PETITIONER RESIDINGA AT THAKIDIPPURATHU THADATHIL NEAR CHORAKKUZHY BRIDGE, PUTHUVELY PO, PUTHUVELY DESOM VELIYANNUR VILLAGE, KOTTAYAM DISTRICT, PIN 686636

5. MERIL, AGED 24 YEARS FATHER'S NAME NOT KNOWN TO THE PETITIONER, TRAINEE HR DEPARTMENT, OEN INDIA LIMITED, ELECTROGIRI VETTIKKAL PO, KANAYANNOOR TALUK, ERNAKULAM DISTRICT. PIN 682314 R1&2 BY GOVT. PLEADER SMT. KOCHUMOL KODUVATH WITH DIRECTOR GENERAL OF PROSECUTIONS, ADV.SRI. ASAF ALI. R5 BY ADVS. SRI.BABU CHERUKARA SRI.PRAMOD KUMAR R3,R4 BY ADV. SRI.PEEYUS A.KOTTAM THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30-062015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 208 of 2015 (S) ----------------------------- APPENDIX PETITIONER' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE BIRTH CERTIFICATE OF GEETHU JOY ISSUED FROM THE CORPORATION OF KOCHI DATED 11.07.2011.

P2:

TRUE COPY OF THE IDENTIFY CARD OF GEETHU JOY ISSUED FROM ST. EPHREM SEMINARY PUBLIC SCHOOL, VETTIKKAL RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

------------------------------------------------- W.P (Crl.) No. 208 OF 2015 ------------------------------------------------- DATED THIS THE 30th DAY OF JUNE, 2015

J U D G M E N T

C.K. Abdul Rehim, J:

Father of a missing girl aged 18 years is before this court seeking a writ of Habeas Corpus for directing production of her corpus and to set her at liberty. 2.

Allegation is that, the daughter of the petitioner, Miss. Geethu Joy, had left her house on the evening of 1505-2015 and was missing since then. On searching the house, a note written by Miss. Geethu Joy was recovered wherein it is mentioned that she is going along with her lover, the 3rd respondent herein. On the basis of a complaint lodged by the petitioner, a case was registered with respect to missing of the alleged detenue as Crime No.304/2015 of Chottanikkara Police Station. It is alleged that the 3rd respondent had not even completed the age of 21 years and could not enter into a valid marriage with the petitioner's

-2daughter. Therefore it is alleged that the petitioner's daughter Miss. Geethu Joy is under illegal confinement of 3rd respondent and the respondents 4 & 5. The 4th respondent is the father of the 3rd respondent and the 5th respondent is alleged to be a friend of the 3rd respondent. 3.

Pursuant to notice issued from this court, the 3rd respondent along with the alleged detenue appeared before this court on 26-05-2015. When we interacted, the alleged detenue said that they have conducted marriage ceremony at a Hindu Temple and she is intending to live with the 3rd respondent at his house. This court found that there is no legal sanctity for the alleged marriage conducted. Therefore it was felt that it is not proper and justifiable to permit the alleged detenue to go along with respondents 3 & 4. Further the alleged detenue was not willing to go along with the petitioner to her parental house. Under such circumstances Miss. Geethu Joy was admitted to a Hostel at Ernakulam under orders of this court. Thereafter the case was adjourned on two more occasions and the parents

-3were permitted to have interaction with her with respect to proper arrangements to be made for pursuing studies of the alleged detenue and to help her to take a prudent and matured decision with respect to her future life. 4.

On the last occasion when the case was posted on 19-06-2015, the petitioner submitted that he had arranged admission for the alleged detenue at an institution at Kaloor for pursuing studies in BBA course. On that basis the case is adjourned to today to arrive at a final decision with respect to admission of the alleged detenue and with respect to her continued stay during the time of pursuing her studies. 5.

Today, the alleged detenue is produced from the Hostel where she was staying. When we interacted with the alleged detenue she said that she is intending to pursue her studies on the basis of the admission secured by the petitioner. It is said that she is attending interview on tomorrow and the classes will start on 06-07-2015. She expressed willingness to go along with the petitioner to the parental house and to pursue her studies. According to her,

-4a decision with respect to her future life and marriage will be taken after completing her studies.

6.

Under the above mentioned circumstances we do not think there exist any circumstances warranting interference of this court to issue a writ of Habeas Corpus on the premise that the alleged detenue Miss. Geethu Joy is under illegal confinement in any manner. Therefore the writ petition is disposed of by setting her at liberty to go along with the petitioner.

Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

True copy P.A. to Judge