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High Court of KeralaWP(Crl.)/473/2015dismissed

Rajan P.R. v. Shalu Das

2015-11-25Honourable Mr.Justice P.R.Ramachandra Menon5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN WEDNESDAY, THE 25TH DAY OF NOVEMBER 2015/4TH AGRAHAYANA, 1937 WP(Crl.).No. 473 of 2015 (S) ----------------------------- PETITIONER(S)/PETITIONER:

------------------------- RAJAN P.R, AGED 46 YEARS S/O.RAGHAVAN, PANDIMAKKAL(H), P.O.KOLAYAD KANNUR(DT.).

BY ADV. SRI.CIBI THOMAS RESPONDENT(S)/RESPONDENTS:

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

1. SHALU DAS,, AGED 25 YEARS S/.DASAN, PUTHANPURAKKAL, "SREESHYLAM"

P.O.VENGAD, AYYAPPANTHODU, KUTHUPARAMBA KANNUR DISTRICT-670101.

2. DASAN PUTHANPURAKKAL, RESIDING -DO-

3. SHYLAJA PUTHANPURAKKAL, RESIDING -DO-

4. SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION, KANNUR(DT.)PIN-670101.

5. SUB INSPECTOR OF POLICE, KUTHUPARAMBA POLICE STATION, KANNUR(DT), PIN-670001.

6. DISTRICT POLICE CHIEF, KANNUR-670001.

7. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM-695001.

R2-R3 BY ADV. SRI.K.V.PAVITHRAN R2-R3 BY ADV. SRI.JAYANANDAN MADAYI PUTHIYAVEETTIL R2-R3 BY ADV. SRI.P.SAJU R2-R3 BY ADV. SRI.NIAS MOOPAN R2-R3 BY ADV. SRI.E.M.UNNIKRISHNAN (MANJERI) R4 TO R7 BY GOVERNMENT PLEADER SRI. EGY N ELIAS THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(Crl.).No. 473 of 2015 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS : NIL ----------------------- P1 TRUE COPY OF THE F.I.R.IN CRIME NO.663/2015 OF PERAVOOR POLICE STATION.

RESPONDENT(S)' EXHIBITS : NIL ---------------------- /TRUE COPY/ P.A. TO JUDGE

P.R. RAMACHANDRA MENON & ANIL K. NARENDRAN, JJ. ~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 25th day of November, 2015

JUDGMENT

Anil K. Narendran, J.

The petitioner has approached this Court in this Writ Petition, seeking a writ of habeas corpus directing production of the body of the alleged detenue Rakhi Raj, the daughter of the petitioner, who is stated to be under the illegal custody of respondents 1 to 3 and to set her at liberty.

2.

The averments in the Writ Petition are to the effect that, the petitioner's daughter Rakhi Raj, aged 19 years, a First Year B.Com student at Pragathi College, Paravoor is found missing since 13.11.2015. The petitioner's son filed a complaint before the 4th respondent and the Police registered Crime No.663/2015 of Paravoor Police Station, under Section 57 of the Kerala Police Act, 2011, as evidenced by Ext.P1 copy of FIR. It is alleged in the Writ Petition that, the 1st respondent and his men forcefully took away Rakhi Raj against her will and she is now under their illegal custody. Respondents 2 and 3 are the parents of the 1st respondent.

3.

By order dated 20.11.2012, this Court issued notice to respondents 1 to 3 through special messenger and they were directed to produce the alleged detenue before this Court, if she is available in

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their custody. The 4th respondent was also directed to submit a report with respect to the progress of investigation of Crime No. 663/2015 and also to trace out and produce the alleged detenue before this Court.

4.

Today, when the case was taken up for consideration, the alleged detenue was personally present in Court. A statement has also been filed by the 4th respondent stating that, on investigation it was found that the petitioner's daughter eloped with the 1st respondent who is aged 25 years, and they got married on 13.11.2015, at Ramapuram Siva-vishnu Temple, Nirmalagiri. The 4th respondent has also stated that, the 1st respondent is one of the accused persons in the attempt to commit murder of the Inspector of Police, Kuthuparamba in respect of which Crime No.2010/15 of Kuthuparamba Police Station has already been registered under Sections 143, 147, 148, 341, 353 and 307 read with Section 149 of the IPC and Section 3(1) of the PDPP Act. The investigation in the said crime is going on and the 1st respondent is absconding from his residence in order to evade arrest.

5.

We interacted with the alleged detenue who was personally present in Court. The alleged detenue has stated that, she is not under illegal custody of respondents 1 to 3 and that, her marriage with the 1st respondent was solemnised on 13.11.2015, at Ramapuram Siva-vishnu Temple, Nirmalagiri. The learned counsel

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for the 2nd and 3rd respondents has also made available for perusal of this Court, copy of the marriage certificate dated 13.11.2015 issued by Ramapuram Siva-Vishnu Temple, Nirmalagiri and also copy of the certificate of registration of marriage dated 16.11.2015 issued by the Local Registrar of Marriage (Common), Mangattidam Grama Panchayat, Nirmalagiri, under Rule 11(1) of the Kerala Registration of Marriage (Common) Rules, 2008. 6.

As requested by the learned counsel for the petitioner, the petitioner who was personally present in Court was also given an opportunity to interact with the alleged detenue. Thereafter, we again interacted with the alleged detenue, who reiterated that, she is not under illegal custody of respondents 1 to 3 and she does not want to go back with her parents.

Considering the facts and circumstances as mentioned above, we find that Rakhi Raj, the alleged detenue, is not under illegal custody of respondents 1 to 3. In such circumstances, the Writ Petition fails and the same is dismissed. No order as to costs. sd/- P. R. RAMACHANDRA MENON, JUDGE sd/- ANIL K. NARENDRAN, JUDGE kmd /True copy/ P.A. to Judge