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High Court of KeralaWP(Crl.)/438/2015disposed of

C.K. Raju v. State Of Kerala

2015-11-17Honourable Mr.Justice C.K.Abdul Rehim,Honourable Mrs. Justice Mary Joseph7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM & THE HONOURABLE MRS. JUSTICE MARY JOSEPH TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(Crl.).No. 438 of 2015 (S) ----------------------------- PETITIONER:

------------------ C.K. RAJU, AGED 50 YEARS, S/O. KRISHNAN, KIZHAKKEMADAM, MANNAM PO NORTH PARAVUR.

BY ADVS.SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY RESPONDENTS:

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

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

2. STATE POLICE CHIEF OFFICE OF THE STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001.

3. SUPERINTENDENT OF POLICE (RURAL) OFFICE OF THE SUPERINTENDENT OF POLICE ALUVA-683 101.

4. CIRCLE INSPECTOR OF POLICE OFFICE OF THE CIRCLE INSPECTOR OF POLICE NORTH PARAVUR POLICE STATION, ERNAKULAM-683 513.

5. SUB INSPECTOR OF POLICE NORTH PARAVUR POLICE STATION ERNAKULAM-683 513 (CRIME NO. UNKNOWN OF NORTH PARAVUR POLICE STATION ERNAKULAM DISTRICT)

WP(Crl.).No. 438 of 2015 (S) -2- ---------------------------------------

6. NOUSHIK NOUSHAD S/O.NOUSHAD, MALIKKETTIL HOUSE, MADAVANA ATHANI, KODUNGALLUR, THRISSUR DISTRICT-683 516

7. ASHKAR MALIKKETTIL HOUSE, MADAVANA, ATHANI KODUNGALLUR, THRISSUR DISTRICT-683 516

8. SADIK S/O.NOUSHAD, MALIKKETTIL HOUSE, MADAVANA ATHANI, KODUNGALLUR, THRISSUR DISTRICT-683 516 R6,R7,R8 BY ADV. SRI.P.V.JEEVESH R6,R7,R8 BY ADV. SRI.K.V.REJANISH R8 BY ADV. SRI.K.DAMODARA KURUP R6,R7,R8 BY ADV. SRI.A.S.DHEERAJ R1 TO R5 BY GOVERNMENT PLEADER SRI. EGGY N. ELIAS THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17-112015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AMG

WP(Crl.).No. 438 of 2015 (S) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- P1 :

TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE NORTH PARAVUR POLICE DT 14-10-2015.

RESPONDENTS' EXHIBITS NIL True copy P.A. To Judge AMG

C.K. ABDUL REHIM, J.

& MARY JOSEPH, J.

------------------------------------------------- W.P (Crl.) No. 438 OF 2015 ------------------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2015

J U D G M E N T

C.K. Abdul Rehim, J:

The petitioner has approached this court seeking a writ of Habeas Corpus for directing production of the corpus of his daughter, Miss.Shilpa, aged 20 years, and to set her at liberty, based on an allegation that she is being illegally confined by the respondents 6 to 8 against her free will.

2.

Averments in the writ petition are to the effect that, the daughter of the petitioner (the alleged detenue) was studying for final year BCA course in Amrita Institute at Edapally and she was residing in the parental house. After she went to the college on 14-10-2015 she has not returned. On enquiry conducted it came to the knowledge of the petitioner that she used to contact the 6th respondent over mobile phone. Despite all attempts made by the petitioner, he could not trace out the missing girl. Therefore he had lodged Ext.P1 complaint before the 4th respondent about the missing of his daughter. But, alleging that

W.P.(Crl.) No. 438/2015 -2the police authorities are not taking any effective steps to trace out his daughter and also alleging that she is being illegally detained against her free will, the above writ petition is filed. 3.

Pursuant to notice issued from this court the respondents 6 to 8 appeared and produced the alleged detenue before this court on 20-10-2015. When we interacted the alleged detenue expressed her strong determination to marry the 6th respondent, with whom it is stated that she is in love since the last 7 years. It is stated that a notice of the intended marriage was already submitted for solemnizing a marriage under the Special Marriage Act, before the Marriage Officer, Kodungallur, on 12-10-2015 by the 6th respondent and the alleged detenue. She conceded that she is living with the 6th respondent from 1410-2015 onwards. She expressed her desire to go along with the 6th respondent on the basis that the marriage will be solemnized on completion of the statutory period. However, she expressed strong unwillingness to go along with the petitioner. 4.

Since we noticed that there is no legally valid marriage established between the alleged detenue and the 6th respondent, we directed the 5th respondent to admit the alleged detenue at a hostel at Ernakulam, at the expense of the 6th respondent. The alleged detenue was permitted to appear before

W.P.(Crl.) No. 438/2015 -3the Marriage Officer for solemnization of the marriage based on the notice of intended marriage, already submitted on 12-102015. The 5th respondent was directed to make arrangements for taking the alleged detenue to the Marriage Officer for solemnization of the marriage. The case was adjourned thereafter for production of the Marriage Certificate. 5.

Today when the case is taken up for consideration, the counsel appearing for the 6th respondent had produced the 'Certificate of Marriage', for perusal of this court. The 'Marriage Certificate' produced would indicate that a valid marriage has been solemnized between the alleged detenue and the 6th respondent under the Special Marriage Act, on 13-11-2015. 6.

Under the above mentioned circumstances this court takes on record the valid marriage established between the alleged detenue and the 6th respondent. Both of them are personally present before this court. It is said that they are going to lead a marital life at the residence of the 6th respondent. This court is convinced that the alleged detenue is not under any illegal confinement and that she had expressed her desire to lead a life with the 6th respondent as husband and wife, on the basis of the valid marriage established.

W.P.(Crl.) No. 438/2015 -47.

Therefore the above writ petition is hereby disposed of by setting the alleged detenue at liberty to go along with the 6th respondent to lead a marital life as desired by her, on the basis of the valid marriage established.

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

Sd/- MARY JOSEPH, JUDGE.

AMG True copy P.A. to Judge