Renju Kumar R. 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 FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 WP(Crl.).No. 306 of 2015 (S) --------------------------- PETITIONER(S):

------------- RENJUKUMAR R., AGED 23 YEARS, S/O.RAVIKUMAR, PATTAZHISSERIL HOUSE, PATHIYOOR P.O., ALAPPUZHA DISTRICT.

BY ADV. SMT.S.L.SYLAJA RESPONDENT(S)/RESPONDENTS:- -------------------------

1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.

2. THE DIRECTOR GENERAL OF POLICE, HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695 001.

3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA, ALAPPUZHA DISTRICT.

4. THE SUB INSPECTOR OF POLICE, KAREELAKKULANGARA POLICE STATION, ALAPPUZHA DISTRICT.

5. SUNNY T., AGED 48 YEARS, S/O.THANKACHAN, VATTAKUNNIL HOUSE, CHELIKUZHY P.O., KOLLAM DISTRICT, PIN - 691 556.

6. JESSY SUNNY, AGED 46 YEARS, W/O.SUNNY, VATTAKUNNIL HOUSE, CHELIKUZHY P.O., KOLLAM DISTRICT, PIN - 691 556.

R1-R4 BY SRI.TOM JOSE PADINJAREKKARA, ADDL.DIRECTOR GENERAL OF PROSECUTION GOVERNMENT PLEADER SRI.SHIBU JOSEPH THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

:2:

WP(Crl.).No. 306 of 2015 (S) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- :

EXHIBIT P1. ORIGINAL MARRIAGE PHOTOGRAPH OF PETITIONER AND DETENUE DATED 06.07.2015.

EXHIBIT P2. TRUE COPY OF MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY, CHERIYAPATHIYOOR DEVASWOM.

EXHIBIT P3. TRUE COPY OF SECONDARY SCHOOL LEAVING CERTIFICATE OF PETITIONER.

EXHIBIT P4. TRUE COPY OF S.S.L.C OF THE DETENUE. EXHIBIT P5. TRUE COPY OF COMPLAINT DATED 07.07.2015 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

RESPONDENT(S)' EXHIBITS ----------------------- :

NIL //True Copy// P.A. to Judge ss

C.K. ABDUL REHIM & K. RAMAKRISHNAN, JJ.

----------------------------------------------------------------------- -------------------------------------------------------------------- Dated this the 17th day of July, 2015

JUDGMENT

C.K. Abdul Rehim, J The petitioner is approaching this court seeking a writ of Habeas Corpus for directing production of the alleged detenue Miss.Jincy S.Sunny, aged 18 years, daughter of the respondents 5 and 6, and to set her at liberty.

2.

Allegation is that, the alleged detenue is being illegally confined by her parents. Statement in the writ petition is to the effect that the petitioner and the alleged detenue were in love for the last two years and a marriage was solemnized on 06.07.2015 at Cheriyapathiyoour Devi Temple in Alappuzha District. It is stated that the petitioner belongs to Hindu Ezhava community and the alleged detenue belongs to ChristianMarthoma community. Ext.P1 photographs and Ext.P2

certificate issued by the Devaswom, Cheriyapathiyoor, are produced in support of the above statement. Allegation is that on the next day, on 07.07.2015 at 1.30 a.m, the 5th respondent and his henchmen trespassed into the house of the petitioner with the assistance of the 4th respondent and manhandled the petitioner and took away the alleged detenue. Thereafter it is alleged that the petitioner was not permitted to contact with the alleged detenue and that the alleged detenue is being kept under illegal custody by respondents 5 and 6.

3.

When the writ petition came up for consideration on 13.07.2015, we suo moto impleaded the District Police Chief, Kollam and directed him to submit a report from the police station, having jurisdiction in the area where respondents 5 and 6 are residing, with respect to availability of the alleged detenue at the house of respondents 5 and 6. It was further ordered that, the Station House Officer shall be given direction to depute a Woman Police Officer, not in uniform, to record an

independent statement from the alleged detenue, not in the presence of any of the family members or others, and to produce such statement if any recorded before this court. 4.

Today when the case is called up, learned Government Pleader submitted a report from the 4th respondent, enclosing the statement recorded from the alleged detenue by a woman police officer deputed for the said purpose. In the statement, the alleged detenue had mentioned that, she got acquaintance with the petitioner over telephone through one of her friends named Raji, about one month back. Telephone number of the alleged detenue was given to the petitioner by the lover of Raji. According to the alleged detenue, house of the petitioner is somewhere in Kayamkulam. It is stated that the petitioner used to call the alleged detenue over telephone and in such manner they developed intimacy. It is stated that the friend of the petitioner, Raji, had committed suicide on 03.07.2015. The incident had caused severe impact on the mental status of the alleged detenue, is the statement. On

05.07.2015, the petitioner informed over telephone that he wanted to see the alleged detenue. Accordingly, the alleged detenue went to Kayamkulam Bus Stand. The alleged detenue is meeting the petitioner for the first time on that day. The petitioner took her in a motor bike to the house of his friend. The alleged detenue telephoned to her mother from the house of the friend of the petitioner and informed that she is along with the petitioner. Knowing about this, the parents of the alleged detenue made a complaint to the 4th respondent and they came to the house along with police authorities. It is stated that the alleged detenue went back to her parental house along with respondents 5 and 6 on the said date. According to the alleged detenue, she went along with the petitioner only under his compulsion.

She further stated that, she is living happily along with her parents and it is only due to her immaturity that incidents as mentioned above had occurred. It is categorically mentioned that, she does not want to go along with the petitioner and that she is living along with her parents under full freedom.

5.

This court is of the considered opinion that the alleged detenue had not conceded any of the averments contained in the writ petition. However, she had categorically mentioned that she is not under any illegal confinement of respondents 5 and 6, as alleged. This court is not proposing to venture upon any adjudication with respect to genuineness of the alleged marriage, which is disputed by the parties. For the purpose of deciding this writ petition, we are convinced that there is no illegal detention of the alleged detenue against her free will. Hence the writ petition is hereby dismissed. The alleged detenue is permitted to return along with her parents. Sd/- C.K. Abdul Rehim, Judge Sd/- K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss