Aneesh Kumar.A v. District Police Chief

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN WEDNESDAY, THE 3RD DAY OF JUNE 2015/13TH JYAISHTA, 1937 WP(Crl.).No. 228 of 2015 (S) ----------------------------- PETITIONER(S):

-------------- ANEESH KUMAR A., AGED 28 YEARS, S/O.ASHOKAN S, KALLAYYATHU VEEDU, KILIKOLLUR, KALLUMTHAZHAM.P.O., KOLLAM.

BY ADV. SRI.SAJU J PANICKER RESPONDENT(S):

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

1. THE DISTRICT POLICE CHIEF, KOLLAM. 691 001.

2. THE SUB INSPECTOR OF POLICE, KILIKOLLUR POLICE STATION, KILIKOLLUR, KOLLAM. 691 001.

3. MOHANAN ACHARY, AGED 48 YEARS, VAYALIL PUTHEN VEEDU, T.K.M.C. P.O., THETTICHIRA, KARICODE, KOLLAM. 691 001.

4. ANITHA, AGED 42 YEARS, W/O.MOHANAN ACHARY, VAYALIL PUTHEN VEEDU, T.K.M.C. P.O., THETTICHIRA, KARICODE, KOLLAM. 691 001.

R1-R2 BY DIRECTOR GENERAL OF PROSECUTION & BY GOVERNMENT PLEADER SRI.JOBY JOSEPH.

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(Crl.).No. 228 of 2015 (S) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------- EXT. P1COPIES OF THE PRINT OUTS OF SOME OF THE MESSAGES (SMS) SEND BY REVATHY MOHAN TO THE PETITIONER.

EXT. P2THE TRUE COPY OF THE COMPLAINT DATED 16.05.2015 GIVEN TO THE 2ND RESPONDENT BY THE PETITIONER.

RESPONDENT(S)' EXHIBITS :

---------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

------------------------------------------------- W.P (Crl.) No. 228 OF 2015 ------------------------------------------------- DATED THIS THE 3rd DAY OF JUNE, 2015

J U D G M E N T

Abdul Rehim, J:

Petitioner herein is a person aged 28 years. He claims that daughter of respondents 3 & 4 Miss. Revathy Mohan, aged 22 years is in love with him, since the last so many years. Miss. Revathy Mohan is a B.Com Degree holder and is pursuing her studies in Computer Programming. This petition is filed on the allegation that since 6th May 2015 onwards Miss. Revathy Mohan is being kept under illegal confinement by respondents 3 & 4, against her will Therefore the petitioner is seeking a writ of Habeas Corpus for directing production of the alleged detenue Miss. Revathy Mohan and to set at her at liberty.

2.

Based on the order issued by this court on 29-052015, the respondents 3 & 4 appeared through counsel. They have also produced Miss. Revathy Mohan before this

W.P.(Crl.) No. 228/2015 -2court. We interacted with the alleged detenue as well as with respondents 3 & 4. The alleged detenue Miss. Revathy Mohan said that there was some difference of opinion in her house with respect to her desire to marry the petitioner. Therefore she is now staying in the house of a relative. However Miss. Revathy Mohan categorically said before this court that she is not in any illegal confinement as alleged and that she is residing with respondents 3 & 4 as well as with her relatives absolutely on her free will. It is further stated that respondents 3 & 4 have promised to consider her request for having marriage with the petitioner. Respondents 3 & 4 with whom we interacted have also expressed the same view. It is also said that they will not compel Miss. Revathy Mohan to marry any other person immediately, without her consent.

3.

Under the above mentioned circumstance we are of the considered opinion that the alleged detenue Miss. Revathy Mohan is not under any illegal confinement as alleged in the writ petition. From the interaction we had

W.P.(Crl.) No. 228/2015 -3with her it is revealed that she has not made up her mind with respect to her future life with the petitioner. 4.

Under such circumstances the writ petition is disposed of by granting liberty to the alleged detenue Miss. Revathy Mohan to go along with respondents 3 & 4. Sd/- C.K. ABDUL REHIM, JUDGE.

Sd/- K. RAMAKRISHNAN, JUDGE.

AMG True copy P.A. to Judge