Salim 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 21ST DAY OF JULY 2015/30TH ASHADHA, 1937 WP(Crl.).No. 316 of 2015 (S) ----------------------------- PETITIONER:

------------------- SALIM, AGED 45 YEARS VILAYIL VEEDU, MARUTHUMOODU, CHETTACHAL, TRIVANDRUM.

BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011) RESPONDENTS:

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

1. STATE OF KERALA REPRESENTED BY SECRETARY, HOME AFFAIRS SECRETARIAT, THIRUVANANTHAPURAM.

2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM DISTRICT.

3. THE SUB INSPECTOR OF POLICE VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM-695001.

4. SAJEER, S/O.LAILA SAJEER MANZIL, NEAR THYCAVU, ERUTHALA MOOLA, THOLICODE VILLAGE.

5. LAILA SAJEER MANZIL, NEAR THYCAVU, ERUTHALA MOOLA THOLICODE VILLAGE.

*6. THE SUB INSPECTOR OF POLICE VITHURA POLICE STATION, TRIVANDRUM.

R1 TO R3& R6 BY ADV. ADDL.DIRECTOR GENERAL OF PROSECUTION R BY GOVERNMENT PLEADER *[ADDL. R6 IMPLEADED SUO MOTO AS PER ORDER DATED 15-07-2015 IN WPCR 316/2015] THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21-072015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 316 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER IN VITHURA POLICE STATION.

P2 - TRUE COPY OF THE BIRTH CERTIFICATE OF THE DETENUE. RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge

C.K. ABDUL REHIM, J.

& K. RAMAKRISHNAN, J.

------------------------------------------------- W.P (Crl.) No. 316 OF 2015 ------------------------------------------------- DATED THIS THE 21st DAY OF JULY, 2015

J U D G M E N T

C.K. Abdul Rehim, J:

Father of a minor girl aged 17 years, is the petitioner. He is seeking a writ of Habeas Corpus for directing production of his daughter and to set her at liberty, based on allegation that she is being illegally detained by respondents 4 & 5. The 5th respondent is the mother of the 4th respondent. Averments in the writ petition are to the extent that the alleged detenue is missing from 11-07-2015 onwards and it is understood that she is in the custody of the 4th respondent. Despite submission of a complaint the 3rd respondent had not registered a case and has not taken any steps to find out the missing girl, is the allegation. Raising an allegation that the alleged detenue is being illegally detained by respondents 4 & 5, this writ petition is filed.

W.P.(Crl.) No.316/2015 -22.

Despite service of notice on the 5th respondent and despite the 5th respondent accepting notice on behalf of 4th respondent, none appears before this court. Learned Government Pleader appearing on behalf of respondents 1 to 3 submitted that, on the basis of complaint received from the petitioner a case was registered as Crime No.579/2015 of Vithura Police Station under Section 57 of the Kerala Police Act and investigation was conducted. While so the alleged detenue had appeared at Vithura Police Station on 15-07-2015. She was produced before the Judicial First Class Magistrate, Nedumangad on the said date. The learned Magistrate had recorded her statement. Since she had refused to go along with parents it was directed to admit her at 'Mahila Mandiram'. It is submitted that today the alleged is produced from the said 'Mahila Mandiram'. 3.

On appearance of the alleged detenue, we interacted with her. She expressed her willingness to go along with the petitioner to her parental house. It is noticed that the alleged detenue is not under any illegal

W.P.(Crl.) No.316/2015 -3confinement at present and that she is willing to go along with her parents.

4.

Therefore this writ petition is hereby disposed of by setting her at liberty to go along with her parents to the house of the petitioner.

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

Sd/- K. RAMAKRISHNAN, JUDGE.

True copy P.A. to Judge