High Court Kerala High Court

Satheesan.N.V. vs State Of Kerala on 13 July, 2010

Kerala High Court
Satheesan.N.V. vs State Of Kerala on 13 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 277 of 2010(S)


1. SATHEESAN.N.V., AGED 51 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

3. VINOD KUMAR.P.T., S/O.THANKACHAN,

                For Petitioner  :SRI.NAGARAJ NARAYANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :13/07/2010

 O R D E R
               R.BASANT & M.C.HARI RANI, JJ.
                       **********************
                   W.P(Crl.) No.277 of 2010
                       *********************
               Dated this the 13th day of July, 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 daughter Sruthy, aged 21 years (date of birth – 19.10.1988).

She has completed her B.Tech. course. She was missing from

04.07.2010. The petitioner apprehended that the 3rd respondent

was illegally detaining and confining the alleged detenue, his

daughter.

2. This petition was filed on 09.07.2010. It came up

before another Bench. The learned Government Pleader was

directed to take instructions and the matter was posted to this

date.

3. Today when the case is called, the petitioner is

present along with his wife Sreedevi. The 3rd respondent is

present along with his brother in law P.K.Thankachan. The

alleged detenue has come to Court along with the 3rd respondent.

The petitioner is represented by a counsel. The alleged detenue

and the 3rd respondent are not represented by any counsel.

W.P(Crl.) No.277 of 2010 2

4. As the alleged detenue comes to Court along with/in

the custody of the 3rd respondent, who allegedly is detaining her,

we permitted her to remain alone in the Chamber without

opportunity for the 3rd respondent to influence her decision. The

alleged detenue agreed and we permitted the petitioner and his

wife to interact with the alleged detenue.

5. After the lunch recess, we interacted with the alleged

detenue alone initially. Later we interacted with her in the

presence of her parents – the petitioner and his wife. Later we

interacted with the alleged detenue in the presence of the 3rd

respondent and his brother in law. The learned counsel for the

petitioner and the learned Government Pleader were also

present.

6. After our interactions with the parties, we are happy

to note that the parties have come to a harmonious

settlement/agreement. The petitioner and his wife accept and

agree that they are willing to approve the relationship between

the alleged detenue and the 3rd respondent. They only requested

that they may be given opportunity to conduct a formal

engagement ceremony followed by marriage. This, they

requested, only to ensure that there is social acceptability for the

W.P(Crl.) No.277 of 2010 3

relationship between the alleged detenue and the 3rd respondent.

It is brought to our notice that actually on 04.07.2010, the

marriage between the alleged detenue and the 3rd respondent

has been solemnised at the Thirunakkara Sreekrishna Swamy

Kshetram, Kottayam.

7. The alleged detenue and the 3rd respondent agree

notwithstanding their contention that their marriage has already

taken place in accordance with law under the Hindu customary

rites on 04.07.2010, to conduct an engagement ceremony and

later marriage to satisfy the sentiments of the petitioner and his

wife. It is further agreed by the alleged detenue and the 3rd

respondent that the alleged detenue has already completed her

B.Tech. course. It is further submitted that she is awaiting her

B.Tech examination results and that at any rate she will

complete her B.Tech. course and take the degree.

8. We are satisfied, in these circumstances, that as

agreed by all concerned, the following directions can be issued.

Accordingly we are satisfied that this Writ Petition can now be

allowed subject to conditions.

9. In the result:

      a)     This Writ Petition is allowed;

W.P(Crl.) No.277 of 2010          4

     b)      As agreed by both sides, the following directions are

issued:

     i)      The alleged detenue Sruthy shall today return from

Court along with her parents – the petitioner and his wife;

ii) On or before 02.08.2010, an engagement ceremony

and a marriage ceremony shall be conducted by the petitioner

and his wife to gain social acceptability for the marriage between

the alleged detenue and the 3rd respondent;

iii) Till such marriage ceremony is performed, the alleged

detenue shall reside with her parents. During this period, the 3rd

respondent shall be at liberty to contact the alleged detenue over

telephone. If the alleged detenue so desires, the petitioner and

his wife agree that she can meet the 3rd respondent at any

neutral venue – ie. not at the house of the petitioner nor at the

house of the 3rd respondent.

10. All parties agree that compliance with the above

directions shall be reported to this Court on 02.08.2010. We

record further submission of the alleged detenue and the 3rd

respondent that this agreement will not in any way adversely

affect their contention that they have already got married to

each other and are legally wedded husband and wife consequent

W.P(Crl.) No.277 of 2010 5

to the marriage between them that had taken place on

04.07.2010 at Thirunakkara Sreekrishna Swamy Kshetram,

Kottayam.

11. The learned Government Pleader submits that all

further proceedings in Crime No.1096 of 2010 of Ernakulam

Town South Police Station shall be brought to termination by the

police in the light of the stand taken by the 3rd respondent and

the alleged detenue.

12. Call on 02.08.2010.

(R.BASANT, JUDGE)

(M.C.HARI RANI, JUDGE)
rtr/