High Court Kerala High Court

O.Prabhakaran Nair vs Superintendent Of Police on 24 January, 2011

Kerala High Court
O.Prabhakaran Nair vs Superintendent Of Police on 24 January, 2011
       

  

  

 
 
  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.
                    ------------------------------------------------------
                               W.P.(Crl) No.2 of 2011
                       ----------------------------------------------
                  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