Vipin N.P. v. Sri. Kunju Muhammed

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 7TH DAY OF AUGUST 2015/16TH SRAVANA, 1937 WP(Crl.).No. 317 of 2015 (S) --------------------------- PETITIONER(S):

-------------- VIPIN N.P., AGED 24 YEARS, S/O.PRASANNAKUMARI AMMA, KARTHIKA, KUTTIKKADU P.O., KADAKKAL, KOLLAM -691 536.

BY ADVS.SRI.A.JAYASANKAR SRI.C.V.MANUVILSAN SRI.MANU GOVIND SRI.ASHWIN SETHUMADHAVAN SMT.A.K.MAYAKRISHNAN SMT.B.MEERA RESPONDENT(S):

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

1. SRI. KUNJU MUHAMMED, VALIYAPARAMBIL, PEZHAKKAPILLY, MUVATTUPUZHA, ERNAKULAM - 686 674.

2. SMT. SAINABA MUHAMMED, W/O.KUNJU MUHAMMED, RESIDING AT VALIYAPARAMBIL, PEZHAKKAPILLY, MUVATTUPUZHA, ERNAKULAM - 686 674.

3. THE CIRCLE INSPECTOR OF POLICE, MUVATTUPUZHA POLICE STATION, PUZHAKARAKAVU ROAD, THOTTUMKALPEEDIKA, MUVATTUPUZHA, KERALA. 686 661.

4. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL, ALUVA. 683 101.

R3 & R4 BY SRI. TOM JOSE PADINJAREKKARA, ADDL.DIRECTOR GENERAL OF PROSECUTION R1 & R2 BY ADVS. SRI.SIRAJ KAROLY SRI.R.PARAMESWARA IYER SENIOR GOVERNMENT PLEADER SRI. SHIBU JOSEPH.

THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

:2:

WP(Crl.).No. 317 of 2015 (S) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- :

P1 - COPY OF OFFER LETTER ISSUED TO THE DETINUE BY THE JAWAHARLAL NEHRU UNIVERSITY, DELHI, ALONG WITH ITS ANNEXURES. P2 - COPY OF EMAIL DATED 14.07.2015 FROM DETENUE. RESPONDENT(S)' EXHIBITS ----------------------- :

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

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

-------------------------------------------------------------------------------- ------------------------------------------------------------------------ Dated this the 7th day of August, 2015

JUDGMENT

C.K. Abdul Rehim, J The petitioner is approaching this court raising an allegation that one of his friends and college mates, named Miss.Rasna Jawahar, is under illegal detention of her parents, the respondents 1 and 2 herein. Averments are to the effect that the petitioner and the alleged detenue were college mates at Mar Ivanios College Thiruvananthapuram, during the period of 2012-2014. The alleged detenue was studying in the said college for the B.S.C. Degree and she was a sympathizer of the Students Federation of India and was connected with All India Students Association (AISA). It is mentioned that, after completion of her degree the alleged detenue had secured admission at the Jawaharlal Nehru University, New Delhi in the School of Environmental Science. But the respondents 1 and 2 are against the decision of the alleged detenue to pursue her studies at

New Delhi and therefore she is illegally detained at the parental house, without permitting her to join at the Jawaharlal Nehru University, New Delhi. Based on the specific allegation that the alleged detenue is under illegal detention against her free will at the house of respondents 1 and 2, this petition is filed seeking a writ of Habeas Corpus for directing production of the alleged detenue, Miss.Rasna Jawahar, and to set her at liberty.

2.

Based on notice issued from this court, the respondents 1 and 2 had appeared and produced the alleged detenue before this court on 20.07.2015. On interaction with all the parties, the respondents 1 and 2 have agreed to take the alleged detenue to New Delhi and to admit her for the above said college for the course for which she had secured admission. On that basis the case is adjourned for reporting about the admission of the alleged detenue for the course at New Delhi.

3.

Today when the case is taken up, the 1st respondent is personally present before this court. Counsel

appearing for respondents 1 and 2 submitted that the alleged detenue was taken to New Delhi and she got admission at Jawaharlal Nehru University. It is submitted that the alleged detenue is at present staying in the Hostel of the above said institution. Learned counsel appearing for the petitioner had also conceded the above aspects. Under the above mentioned circumstances, this writ petition is disposed of by recording that the alleged detenue is not under any illegal confinement at present and that she is now admitted to the course for which she had secured admission at Jawaharlal Nehru University, New Delhi and she is staying in the Hostel of the said institution. Sd/- C.K. Abdul Rehim, Judge Sd/- K. Ramakrishnan, Judge // True Copy// P.A. to Judge ss