IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 314 of 2009(S)
1. RAVEENDRAN NAIR, AGED 60 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SUB INSPECTOR OF POLICE,
3. THE CIRCLE INSPECTOR OF POLICE,
4. DR.SUNIL, AGED ABOUT 30 YEARS,
For Petitioner :SRI.P.V.ANIL
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :11/08/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 314 of 2009-S
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Dated this the 11th day of August, 2009
JUDGMENT
Basant,J.
The petitioner – a person aged about 60 years, has come
to this Court with this petition for issue of a writ of habeas
corpus to search for, trace and produce his daughter Ms.
Remya, aged above 24 years, who has been missing from
22/7/09. The petitioner apprehended that his daughter was
illegally detained by the 4th respondent herein.
2. This writ petition was filed on 4/8/09. It was admitted
on 5/8/09. Notice was ordered to the respondents and the
case was posted to this date.
3. Today, when the case is called, the petitioner is
present along with his wife. His counsel is also present. The
3rd respondent has appeared before this Court. The alleged
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detenue Ms. Remya is also present.
4. As the alleged detenue was coming from the custody of
the 4th respondent, we permitted her to remain in the Chamber
without being influenced by any one. Of course, the petitioner
and his wife were permitted to have interactions with the alleged
detenue.
5. We met the alleged detenue after lunch recess and
interacted with her. She stated before us that she is aged about
25 years – she having been born on 19/10/84. She is a Teacher
and was employed at A.J. Central School, Kazhakoottam. She
has B.Sc. and B.Ed. degrees. According to her, she has married
the 4th respondent in accordance with the Hindu religious rites
on 1/8/09 at Sree Bhadradevi Temple, Kodimarathin Moodu. A
certificate of marriage issued by the Local Registrar of Hindu
Marriages, Pallickal Grama Panchayat is produced to confirm
such marriage.
6. The alleged detenue Ms.Remya has asserted before us
that the 4th respondent is her legally wedded husband and that
she is not under illegal confinement or detention of any one. In
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response to a specific query put by this Court, Ms. Remya stated
that she wants to leave this Court along with her husband – the
4th respondent.
7. We interacted with all concerned and their counsel
including the learned Government Pleader in the Chamber.
Though attempts were made to induce the parties to come to a
harmonious settlement, we find that such attempts are not
successful today. It is hoped that the parties shall be able to
settle their disputes in the near future.
8. The 4th respondent is present before Court and has filed
a counter affidavit. Along with that a marriage certificate
referred to above has been produced.
9. We are satisfied that the alleged detenue Ms. Remya is
not under the illegal confinement or detention of any one. The
learned Government Pleader reports that Ms. Remya was traced
by the police and was produced before the learned Magistrate
having jurisdiction and accepting her statement, the learned
Magistrate had allowed her to go with the 4th respondent.
10. We are, in these circumstances, satisfied that no
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further directions are necessary in this writ petition. This writ
petition is accordingly dismissed and the alleged detenue Ms.
Remya is permitted to go along with her husband – the 4th
respondent from this Court as desired by her.
Sd/-
R. BASANT
(Judge)
Sd/-
M.C. HARI RANI
(Judge)
Nan/
//True Copy//
P.S. to Judge
W.P.(Cri) No. 314 of 2009-S
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