IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 309 of 2009(S)
1. CHENOTH SHAMEER AGED 25 YEARS,
... Petitioner
Vs
1. POTHODY RAMESHAN, S/O. GOPALAN,
... Respondent
2. V. REETHA, W/O. RAMESHAN, AGED 40
3. THE SUB INSPECTOR OF POLICE,
4. THE CIRCLE INSPECTOR OF POLICE,
5. SUPERINTENDENT OF POLICE,
For Petitioner :SRI.M.P.VIJAYAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :10/08/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 309 of 2009-S
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Dated this the 10th day of August, 2009
JUDGMENT
Basant,J.
The petitioner – a young man aged 25 years, has come to
this Court for issue of a writ of habeas corpus to search for,
trace and produce Ms. Reshma – a young girl aged about 18
years, the daughter of respondents 1 and 2, with whom the
petitioner claims to be in love. According to the petitioner, he
and the alleged detenue knew each other for some period of
time and were in deep love.
2. Ms. Reshma had come out of her house on her own
and the two had decided to go away and get married. On
27/5/09 they had left Kannur; but they were traced later on
the same day at Guruvayoor. The two were brought back.
The girl is living with her parents now. She was produced
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before the learned Magistrate having jurisdiction and the
learned Magistrate had permitted her to go with her parents.
3. According to the petitioner, Ms. Reshma is in illegal
confinement and detention by her parents – respondents 1
and 2. It is his apprehension that she is being detained against
her will and desire by respondents 1 and 2. Airing those
apprehensions, he had come before this Court on 3/8/09 with
this writ petition.
4. This writ petition was admitted on 4/8/09 and notice
was ordered to the respondents. Today, when the case came up
for hearing, the petitioner and his counsel are present.
Respondents 1 and 2, who are represented by a counsel, are also
present. The alleged detenue Ms. Reshma is present in court
along with her parents.
5. We interacted with Ms. Reshma in the Court when the
case was called. We gave her time to think, contemplate and
give us her response. To our specific question in court whether
she wants to interact with the petitioner, she stated that she
does not want to do the same. Ms. Reshma was permitted to
remain in the Chamber without being influenced by any one.
After 1.45 p.m. when we sat in the Chamber, we called Ms.
Reshma and had interactions with her. Ms. Reshma stated
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before us that she is aged above 18 years, she having been born
on 16/5/91. To our specific query, she stated that she is not
under confinement or detention by any one. We interacted with
the parents of Reshma as also the petitioner and his counsel. In
the presence of the petitioner, Ms. Reshma stated that she is not
under confinement or detention. In response to a specific query
put by this Court, Ms. Reshma stated before us that if she were
given option/liberty to go from the Court with whosoever so
pleases, she would choose to go with her parents. She did not,
of course, deny her relationship with the petitioner.
6. In a petition for issue of a writ of habeas corpus, this
Court is primarily concerned with the question whether the
alleged detenue is detained by any one against her will, desire
and volition. We are satisfied from the totality of circumstances
available in this case that Ms. Reshma is not under illegal
detention or custody of respondents 1 and 2. Respondents 1
and 2 assure this Court that they will not marry away the alleged
detenue against her wishes, will or desire and that the question
of her marriage will be considered only after she is in a position
to take an informed decision.
7. We are, in these circumstances, satisfied that no further
directions are necessary in this writ petition. This writ petition
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is, accordingly, dismissed. The alleged detenue Ms. Reshma is
permitted to leave this Court along with her parents –
respondents 1 and 2.
Sd/-
R. BASANT
(Judge)
Sd/-
M.C. HARI RANI
(Judge)
Nan/
//True Copy//
P.S. to Judge
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