IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 261 of 2008(S)
1. SAJI, AGED 26, S/O.BABU, GATEGEL VEEDU,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. THE DIRECTOR GENERAL OF POLICE,
3. THE SUPERINTENDENT OF POLICE,
4. THE SUB INSPECTOR OF POLICE, TIRUR
5. THE SUB INSPECTOR OF POLICE VELLARADA
6. BEERANKUTTY, MANNADI HOUSE, VETTAM,
7. VAHAB, S/O.BEERANKUTTY, RESIDING AT DO
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/08/2008
O R D E R
P.R.RAMAN &
T.R.RAMACHANDRAN NAIR,JJ.
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W.P.(Crl)NO.261 OF 2008
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Dated this the 11th day of August,2008
JUDGMENT
Raman,J.
This writ petition is filed for issuance of a writ of habeas
corpus directing respondents to produce the corups of Jaseela
before this Court. According to him, he came into contact with
Jaseela, daughter of the 6th respondent and the sister of the 7th
respondent about 1 = years back. Both of them fell in love with
each other and decided to get married. Ext.P1 is a marriage deed
produced in this case. It is stated that they started living together as
husband and wife. At that time, on 8/7/2008 Police Constables
attached to Vellarada Police Station purported to be from Tirur
Police Station accompanied with respondents 6 and 7 came to the
house of the petitioner and forcibly took up Jaseela without her
consent. Based on the allegations so made, we asked the learned
Government Pleader to get instruction as to whether police had
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WP(Crl).No.261/2008
taken the girl, Jaseela from the house of the petitioner and if so,
whether she was produced before any Magistrate’s Court.
2. The learned Government Pleader appearing on behalf of the
State submitted that the girl was produced before the Magistrate’s
Court, Tirur on 8/7/2008 and she was allowed to go along with her
parents. Certified copy of the statement recorded by the Magistrate
is also produced. As per the statement, the girl submitted before the
Magistrate’s Court that she wants to go along with her father. If so,
the custody of the girl with the father cannot be said to be illegal. If
the petitioner is aggrieved by any order passed by the Magistrate,
he can work out his remedy.
Without prejudice to such right of the petitioner, this writ
petition is closed.
P.R.RAMAN,
Judge.
T.R.RAMACHANDRAN NAIR,
Judge.
kcv.