IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 2 of 2011(S)
1. O.PRABHAKARAN NAIR, AGED 65 YEARS,
... Petitioner
2. YAISANA AGED 16 YEARS, D/O. SINDHU,
Vs
1. SUPERINTENDENT OF POLICE, KOZHIKODE
... Respondent
2. THE CIRCLE INSEPCTOR OF POLICE,
3. THE SUB INSEPCTOR OF POLICE,
4. SORAMPOTENDRO, C/O.AMARSINGH,
5. AMARSINGH, KOCHUPURACKAL HSE,
6. MINI, AMARSINGH, KOCHUPURACKAL HOUSE,
For Petitioner :SRI.SUNIL NAIR PALAKKAT
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :24/01/2011
O R D E R
K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ.
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W.P.(Crl) No.2 of 2011
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Dated, this the 24th day of January, 2011
J U D G M E N T
K.M.Joseph, J.
Petitioners have approached this Court for issue of a writ of
Habeas Corpus directing production of Smt.Sindu, aged 35 years who is first
petitioner’s daughter and mother of the 2nd petitioner. The marriage between
the alleged detenu and the 4th respondent took place on 2.2.1994. The 5th
respondent is the brother of the 4th respondent. The 6th respondent is the wife
of the 5th respondent.
2. We interacted with the alleged detenu Smt.Sindu. We also
interacted with the Ist petitioner and the 4th respondent. We heard the
learned counsel for the parties also. After interacting with the alleged detenu
we are of the opinion that it cannot be said that there is any illegal detention.
There is no dispute that there is a valid marriage between the detenu and the
4th respondent. In fact, two children are born of which the 2nd petitioner is the
elder one. The alleged detenu would say that she is at present leading a
happy married life with her husband, the 4th respondent and she would like to
continue with him. In such circumstances, we close this Writ Petition
(Criminal).
(K.M.JOSEPH)
JUDGE.
(M.L.JOSEPH FRANCIS)
JUDGE.
MS