IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 302 of 2010(S)
1. MOHANAN, AGED 50 YEARS S/O. PARANKUTTY,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. STATION HOUSE OFFICER, MATHILAKOM
3. KALA AGED 45 YEARS,
4. APARNA AGED 17, D/O. KANNAN, VAZHOOR,
For Petitioner :SRI.BABU PAUL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :11/08/2010
O R D E R
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.302 of 2010(S)
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Dated this the 11th day of August, 2010
JUDGMENT
BASANT, J.
The petitioner has come to this Court with this petition for
issue of a writ of habeas corpus to search for, trace and produce
his adult major son – Jish Mohan, aged above 26 years (date of
birth – 21.11.1983). He is an engineering graduate by
qualification and he runs his own business. He was allegedly
found to be missing from 19.06.2010. The petitioner
apprehended that his son Jish Mohan, the alleged detenu, was
being illegally detained and confined by the 3rd and 4th
respondents. The 3rd respondent is the wife of the petitioner’s
brother in law (wife’s brother) and the 4th respondent is the
daughter of the 3rd respondent, aged 17 years. It was the
apprehension of the petitioner that the alleged detenu Jish
Mohan was being lured into a relationship with the 4th
respondent with the active assistance of the 3rd respondent and
with the intention of getting the 4th respondent married to the
alleged detenu he was being illegally confined and detained by
respondent Nos.3 and 4.
W.P(Crl.) No.302 of 2010 2
2. This petition was filed on 22.07.2010. We were not
satisfied that the matter deserves admission. However, we
directed the learned Government Pleader to take instructions to
enable us to take a decision on the question of admission. On
03.08.2010 after hearing the learned Government Pleader, we
accepted the submission of the learned Government Pleader that
the alleged detenu shall willingly appear before this Court on the
next date of posting. Accordingly the case was posted to this
date.
3. Today when the case is called, the petitioner is
present. He is represented by his counsel. The alleged detenu
Jish Mohan has appeared before Court. He is not represented by
any counsel. We have not admitted the Writ Petition and we had
not ordered notice to respondent Nos.3 and 4.
4. We interacted with the alleged detenu after the lunch
recess alone in the Chamber initially and later in the presence of
his father, the petitioner. The learned counsel for the petitioner
and the learned Government Pleader were also present. We had
directed the alleged detenue and the petitioner to interact in the
presence of their counsel during the pre lunch session.
W.P(Crl.) No.302 of 2010 3
5. The alleged detenu Jish Mohan submits that he is
aged above 26 years now, he having been born on 21.11.1983.
He has taken his B.E degree. He was initially employed with an
employer. Later he has left such employer and is running a
business of his own. According to him, he is in love with the 4th
respondent and would like to get married to her. He submits
that it is absolutely incorrect to say that he is under the illegal
detention and confinement of respondent Nos.3 and 4. His
father does not approve of his affair with the 4th respondent and
he is unnecessarily expressing an apprehension that the alleged
detenu is under the illegal confinement and detention of
respondent Nos.3 and 4. He does not reside with respondent
Nos.3 and 4, he submits.
6. We did attempt to bring the parties to a harmonious
settlement. But we note that the petitioner is unable to accept
the relationship between his son, the alleged detenu, and the 4th
respondent. He has got his own reasons for not approving such
relationship. We find ourselves unable to persuade the
petitioner to accept such relationship.
7. Be that as it may, in a petition for issue of a writ of
habeas corpus, we are primarily concerned only with the
W.P(Crl.) No.302 of 2010 4
question whether the alleged detenu is under any illegal
confinement or detention. The alleged detenu, as stated earlier,
is a young person, aged above 26 years. He is an educated
person, he having taken his B.E degree. He appears to us to be
capable of managing his own affairs. It is not disputed that he is
running a very successful business of his own. We are convinced
that the alleged detenu is not under any illegal detention or
confinement.
8. In the result:
a) This Writ Petition is dismissed in limine;
b) The alleged detenu Jish Mohan is informed that he is
at liberty to leave the Court and pursue whatever course he
thinks is good and suitable for him.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/
W.P(Crl.) No.302 of 2010 5
R.BASANT & M.C.HARI RANI, JJ.
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W.P(Crl.) No.302 of 2010
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Dated this the 23rd day of July, 2010
W.P(Crl.) No.302 of 2010 6
ORDER
BASANT, J.
Heard the learned counsel for the petitioner. We are not
persuaded to agree on the available materials that there is any
element of illegal detention or confinement. We are hence not
satisfied that notice need be issued to party respondent Nos.3
and 4 now.
2. Notice given. The learned Government Pleader shall
take instructions from respondent Nos.1 and 2 and make
appropriate submissions to help this Court to take a decision on
admission. The petitioner shall be at liberty to produce any
further documents that he wants, to induce a satisfaction in the
Court that the alleged detenu, an adult major son of the
petitioner, aged 27 years, is under detention.
3. Call on 30.07.2010.
(R.BASANT, JUDGE)
(M.C.HARI RANI, JUDGE)
rtr/