{"id":26050,"date":"2009-12-22T00:00:00","date_gmt":"2009-12-21T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/velayudhan-vs-state-of-kerala-represented-by-the-on-22-december-2009"},"modified":"2016-12-21T07:05:36","modified_gmt":"2016-12-21T01:35:36","slug":"velayudhan-vs-state-of-kerala-represented-by-the-on-22-december-2009","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/velayudhan-vs-state-of-kerala-represented-by-the-on-22-december-2009","title":{"rendered":"Velayudhan vs State Of Kerala Represented By The on 22 December, 2009"},"content":{"rendered":"
Kerala High Court<\/div>\n
Velayudhan vs State Of Kerala Represented By The on 22 December, 2009<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nWP(Crl.).No. 424 of 2009(S)\n\n\n1. VELAYUDHAN, S\/O.KUNJATHAN,\n                      ...  Petitioner\n2. SANTHA,  W\/O.VELAYUDHAN, DO, DO, DO.\n\n                        Vs\n\n\n\n1. STATE OF KERALA REPRESENTED BY THE\n                       ...       Respondent\n\n2. THE DISTRICT SUPERINTENDENT OF POLICE\n\n3. THE DEPUTY SUPERINTENDENT OF POLICE\n\n4. DISTRICT SUPERINTENDENT OF POLICE,\n\n5. BHAVANI, BALAJI NAGAR, NELLORE DISTRICT\n\n                For Petitioner  :SRI.T.N.MANOJ\n\n                For Respondent  :SRI.SUMAN CHAKRAVARTHY\n\nThe Hon'ble MR. Justice R.BASANT\nThe Hon'ble MRS. Justice M.C.HARI RANI\n\n Dated :22\/12\/2009\n\n O R D E R\n                 R.BASANT & M.C.HARI RANI, JJ.\n          --------------------------------------------------\n                    W.P.(Crl.)No.424 OF 2009\n        -----------------------------------------------------\n            DATED THIS THE 22nd DAY OF DECEMBER, 2009\n\n                            J U D G M E N T\n<\/pre>\n
Basant, J.\n<\/p>\n
      This judgment must be read in continuation of the earlier orders<\/p>\n
passed by us in this case resting with the order dated 14.12.2009. The<\/p>\n
learned counsel for the petitioners submits that the petitioners and the<\/p>\n
alleged detenue are taking steps to claim police protection.        The<\/p>\n
learned counsel for the 5th respondent submits that some further time<\/p>\n
may be granted to the 5th respondent to seek appropriate reliefs.<\/p>\n
      2.    We have already adverted to the matter in detail in the<\/p>\n
order dated 2.12.2009. The alleged detenue has been traced and he is<\/p>\n
now residing along with the petitioners.      The 5th respondent was<\/p>\n
accommodated at the Santhinikethan Hostel for reasons which are<\/p>\n
given in the order dated 2.12.2009. We are satisfied that no further<\/p>\n
directions are necessary in this Writ Petition.     The 5th respondent<\/p>\n
through her counsel prays that she who is at present accommodated at<\/p>\n
the Santhinikethan Hostel may be permitted to shift her residence to a<\/p>\n
paying guest accommodation at Kaloor which she has secured. She is<\/p>\n
not under any orders passed by this Court obliged to remain in the<\/p>\n
Santhinikethan Hostel.    Accepting her request and considering her<\/p>\n
W.P.(Crl.)No.424\/09                  -2-<\/span><\/p>\n
plight, she was permitted to be accommodated there. We accordingly<\/p>\n
opine that it shall be open to the 5th respondent to leave the said Hostel<\/p>\n
and shift to a paying guest accommodation which she claims that she<\/p>\n
has secured.\n<\/p>\n
      3.     We are satisfied now that no further directions are<\/p>\n
necessary in this Writ Petition and further proceedings in this Writ<\/p>\n
Petition can now be discontinued.\n<\/p>\n
      4.     In the result:\n<\/p>\n
  (a) this Writ Petition is allowed in part.\n<\/p>\n
  (b) the alleged detenue who has appeared before Court and who<\/p>\n
      is now continuing to reside with the petitioners is set at<\/p>\n
      liberty and shall be free to pursue whatever course he feels is<\/p>\n
      necessary and advantageous to him.\n<\/p>\n
  (c) The     5th  respondent    who   has   been   directed  to   be<\/p>\n
      accommodated at the Santhinikethan Hostel is permitted to<\/p>\n
      leave that Hostel with effect from today(i.e., 22.12.2009).<\/p>\n
   Hand over copy to both counsel.\n<\/p>\n<\/p>\n
                                            R.BASANT, JUDGE.\n<\/p>\n
                                        M.C.HARI RANI, JUDGE.\n<\/p>\n
dsn<\/p>\n
W.P.(Crl.)No.424\/09                 -3-<\/span><\/p>\n
                   R.BASANT & M.C.HARI RANI, JJ.\n<\/p>\n
           ————————————————–\n<\/p>\n
                   W.P.(Crl.)No.424 OF 2009\n<\/p>\n
         —————————————————–\n<\/p>\n
             DATED THIS THE 2nd DAY OF DECEMBER, 2009<\/p>\n
                                O R D E R<\/p>\n
Basant, J.\n<\/p>\n
      Facts can be stranger than fiction, but it is difficult always to<\/p>\n
swallow that statement. Facts of the instant case suggest that<\/p>\n
even that statement can be understatement.<\/p>\n
      2.     The petitioners are parents of a young man aged 34<\/p>\n
years, Santhosh by name. He is an educated person. He is well<\/p>\n
employed. He has remained married for about three years. The<\/p>\n
couple have not been blessed with any child so far.<\/p>\n
      3.     While so, as usual, he went in connection with his work<\/p>\n
from his house on 9.9.2009. He returned for a short while on<\/p>\n
12.9.2009 and left his home promising his parents that he will<\/p>\n
come back later. The petitioners, the parents of Santhosh are<\/p>\n
respectively a retired Head Constable and a retired School<\/p>\n
Teacher.      They found that Santhosh was not returning at all.<\/p>\n
Doubts gave way to anxiety and the unfortunate petitioners<\/p>\n
started desperately attempting to trace their son.          While  so,<\/p>\n
W.P.(Crl.)No.424\/09                -4-<\/span><\/p>\n
they received a letter written by the 5th respondent in which she<\/p>\n
has mentioned that their son is available with her, offering<\/p>\n
protection to her who on account of various circumstances had<\/p>\n
contemplated suicide and Santhosh had come to her as a savior to<\/p>\n
rescue her from her predicament. The 5th respondent is a married<\/p>\n
woman. She has two grown up children aged 14 years and 10<\/p>\n
years. Her husband is respectably employed. He is stated to be<\/p>\n
an Inspector of Customs and Central Excise at Vijayawada. They<\/p>\n
had got married in 1993. The petitioners came to know that a<\/p>\n
crime has been registered at Vijayawada alleging that their son<\/p>\n
had kidnapped the 5th respondent. Not only officials of the police,<\/p>\n
but also persons of questionable character, goondas and ruffians<\/p>\n
according to the petitioners, were harassing the petitioners making<\/p>\n
efforts to trace their son and the 5th respondent. It is, in these<\/p>\n
circumstances, that the petitioners came to this Court with this<\/p>\n
petition for issue of a writ of habeas corpus to search for, trace<\/p>\n
and produce their son Santhosh. They apprehend that their son<\/p>\n
was being detained by some persons interested in the 5th<\/p>\n
respondent or perhaps by the 5th respondent herself.<\/p>\n
      4.     This petition was filed on 20.10.2009. It was admitted<\/p>\n
W.P.(Crl.)No.424\/09              -5-<\/span><\/p>\n
on 21.10.2009. This order must be read in continuation of the<\/p>\n
earlier orders passed, resting with the order dated 30.11.2009.<\/p>\n
      5.     Today when the case is called, petitioners along with<\/p>\n
their counsel are present.    The 5th respondent and the alleged<\/p>\n
detenu have come before this Court.         The 5th respondent is<\/p>\n
represented by a counsel.      When the case was called in the<\/p>\n
morning, Adv.Shri Rajesh Chakiat represented before Court that<\/p>\n
he wants to file an application on behalf of the brother and<\/p>\n
husband of the 5th respondent. The learned counsel represented in<\/p>\n
Court that they only want to know whether the 5th respondent is<\/p>\n
illegally detained by the alleged detenu or anyone else.       The<\/p>\n
learned counsel represented in Court that if the 5th respondent<\/p>\n
states that she does not want to return with her relatives – her<\/p>\n
brother, husband, etc. they have no objection against the 5th<\/p>\n
respondent continuing with the alleged detenu. In Court the 5th<\/p>\n
respondent stated that she does not want to speak to them at all.<\/p>\n
The alleged detenu as also the 5th respondent expressed<\/p>\n
apprehensions before Court that they may be attacked and<\/p>\n
whisked away by her relatives who according to them have the<\/p>\n
support and assistance of the police as also goonda gangs. The<\/p>\n
W.P.(Crl.)No.424\/09             -6-<\/span><\/p>\n
learned counsel Shri Rajesh Chakiat was requested to file a proper<\/p>\n
application, if he wants to seek any orders from the Court.<\/p>\n
Subsequently, the learned counsel has not appeared before Court.<\/p>\n
Along with the counsel, some persons were found present in the<\/p>\n
Court.     The 5th respondent identifies those persons to be her<\/p>\n
husband and her brother with some others.\n<\/p>\n
      6.     As the alleged detenu comes along with the 5th<\/p>\n
respondent, we wanted the alleged detenu to be left alone so that<\/p>\n
he can give his genuine response to us uninfluenced by anyone<\/p>\n
when we interact with him. The petitioners, the parents of the<\/p>\n
alleged detenu requested and were permitted to have interactions<\/p>\n
with the alleged detenu while he was permitted to remain in the<\/p>\n
Chamber.\n<\/p>\n
      7.     After lunch recess, we interacted with the alleged<\/p>\n
detenu separately initially.  Thereafter, we interacted with his<\/p>\n
parents, the petitioners and later we interacted with him in the<\/p>\n
presence of the 5th respondent also. Counsel for the petitioners,<\/p>\n
the 5th respondent and the learned Government Pleader were also<\/p>\n
present when such interactions went on.\n<\/p>\n
      8.     The alleged detenu has a weird version to advance.<\/p>\n
W.P.(Crl.)No.424\/09             -7-<\/span><\/p>\n
According to him, he did not know the 5th respondent at all. In his<\/p>\n
telephone, there was a facility to “find a friend”.     Using that<\/p>\n
facility, in September, 2009 he came to interact with the 5th<\/p>\n
respondent, a total stranger at Vijayawada. The 5th respondent<\/p>\n
had several pathetic personal problems, according to the alleged<\/p>\n
detenu. The alleged detenu took pity on the helpless position of<\/p>\n
the 5th respondent.      They had frequent interactions over<\/p>\n
telephone. On one occasion, the alleged detenu travelled along<\/p>\n
with the 5th respondent between Nelloor and Vijayawada.<\/p>\n
According to the alleged detenu, he had taken pity on the plight of<\/p>\n
the 5th respondent and his intention was only to save her. She<\/p>\n
needed protection from her relatives and he is giving her that<\/p>\n
protection. According to him, but for such protection offered by<\/p>\n
him at the required time, the 5th respondent may have chosen to<\/p>\n
end her life. He feels morally obliged to continue to give her such<\/p>\n
protection. According to him, his parents as well as his wife shall<\/p>\n
understand him perfectly and he has no improper relationship<\/p>\n
whatsoever with the 5th respondent at all. If she wants to return<\/p>\n
to Vijayawada with her relatives, he has no objection, but he feels<\/p>\n
that, that may endanger the life of the 5th respondent. In these<\/p>\n
W.P.(Crl.)No.424\/09              -8-<\/span><\/p>\n
circumstances, he feels obliged to continue to give her necessary<\/p>\n
support and protection. He airs the apprehension that he and the<\/p>\n
5th respondent may be done away with by the relatives of the 5th<\/p>\n
respondent and hirelings acting on their behalf.          In these<\/p>\n
circumstances, it is prayed that this Court may be pleased to order<\/p>\n
protection to the alleged detenu and the 5th respondent. He is<\/p>\n
willing to return along with his parents. But, both his parents and<\/p>\n
he himself apprehend that harm may be caused to him and them if<\/p>\n
they return to their native place at Irinjalakuda.<\/p>\n
      9.     The 5th respondent reiterates the version given by the<\/p>\n
alleged detenu. She prays that she may at least be permitted to<\/p>\n
seek shelter in any place where her safety can be assured. She<\/p>\n
may be sent to any hostel or any Government institution where<\/p>\n
she will not be harassed, threatened or intimidated, submits the<\/p>\n
5th respondent.\n<\/p>\n
      10. The parents of the alleged detenu, the petitioners<\/p>\n
herein have a tale of woes to narrate. According to them, the<\/p>\n
alleged detenu has chosen to offer assistance to the 5th respondent<\/p>\n
when she was facing a crisis. But for that they and their other<\/p>\n
relatives are being harassed by the police, muscle men and<\/p>\n
W.P.(Crl.)No.424\/09             -9-<\/span><\/p>\n
hirelings engaged by the relatives of the 5th respondent, who they<\/p>\n
apprehend have the protection and patronage of the police<\/p>\n
themselves.\n<\/p>\n
      11. The      learned Government     Pleader   submits    that<\/p>\n
instructions have been obtained from the 4th respondent. The 4th<\/p>\n
respondent asserts that not the 4th respondent, but the<\/p>\n
Commissioner of Police, Vijayawada City has to be impleaded.<\/p>\n
However, it is stated clearly that a crime has been registered<\/p>\n
regarding the disappearance of the 5th respondent as Crime<\/p>\n
No.511\/09 of Pattamatta Police Station, Vijayawada, Andra<\/p>\n
Pradesh. The learned Government Pleader submits that the<\/p>\n
appropriate party has to be impleaded in this Writ Petition to<\/p>\n
enable the learned Government Pleader to take instructions from<\/p>\n
such Commissioner of Police, Vijayawada.       The learned counsel<\/p>\n
for the petitioners prays that some time may be granted to the<\/p>\n
petitioners to take necessary steps. Till then, appropriate orders<\/p>\n
may be passed to ensure the protection of the petitioners as also<\/p>\n
the alleged detenu and the 5th respondent. The learned counsel<\/p>\n
for the 5th respondent also reiterates the request that the 5th<\/p>\n
respondent may be afforded the requisite protection until this Writ<\/p>\n
W.P.(Crl.)No.424\/09              -10-<\/span><\/p>\n
Petition is disposed of.\n<\/p>\n
      12. We have considered all the relevant inputs. We accept<\/p>\n
the request of the learned Government Pleader that she may be<\/p>\n
permitted to take instructions from the Commissioner of Police,<\/p>\n
Vijayawada City after he is properly brought on record. Having<\/p>\n
considered all the relevant circumstances, we are satisfied that the<\/p>\n
matter requires to be probed into further. The relatives of the 5th<\/p>\n
respondent who had appeared before Court this morning must also<\/p>\n
be given opportunity to make their submissions, if any. We are<\/p>\n
satisfied that the case can be adjourned to another date to enable<\/p>\n
the parties to take all necessary steps.\n<\/p>\n
      13. This case is hence posted to 14.12.2009. All necessary<\/p>\n
steps shall be taken by the parties by that date.     The following<\/p>\n
directions are issued, which shall occupy the field till the matter is<\/p>\n
taken up for consideration again on 14.12.2009.<\/p>\n
      (i)     The alleged detenu Santhosh is permitted to<\/p>\n
              return along with petitioners 1 and 2 as desired<\/p>\n
              by all the three of them.          The learned<\/p>\n
              Government Pleader undertakes and specific<\/p>\n
              directions are hereby issued to the second<\/p>\n
W.P.(Crl.)No.424\/09                 -11-<\/span><\/p>\n
              respondent,     the   Superintendent    of  Police,<\/p>\n
              Thrissur to ensure that adequate police protection<\/p>\n
              is given to the petitioners and the alleged detenu<\/p>\n
              to   reside    peacefully   in  their   house   at<\/p>\n
              Vallattuparambil      House,     pullur    Desom,<\/p>\n
              Mukundapuram Taluk, Thrissur District.      During<\/p>\n
              this period, though the Deputy Superintendent of<\/p>\n
              Police, Irinjalakuda, the 3rd respondent shall be<\/p>\n
              permitted to question the petitioners as also the<\/p>\n
              alleged detenu at such residence of theirs, they<\/p>\n
              will not be arrested or otherwise dealt with,<\/p>\n
              without prior permission of this Court.\n<\/p>\n
      (ii)    The 5th respondent shall be accommodated at the<\/p>\n
              Santhinikethan Hostel, Pachalam, Ernakulam till<\/p>\n
              14.12.2009, as requested by her. The learned<\/p>\n
              Government Pleader undertakes that and it is<\/p>\n
              directed that the Commissioner of Police, Kochi<\/p>\n
              City shall ensure adequate protection for her for<\/p>\n
              her peaceful residence at Santhinikethan Hostel,<\/p>\n
              Pachalam.    She shall not be arrested or taken<\/p>\n
W.P.(Crl.)No.424\/09                -12-<\/span><\/p>\n
              into custody by anyone, without the prior<\/p>\n
              permission of this Court. However, we make it<\/p>\n
              clear that in connection with the investigation of<\/p>\n
              any pending case, she can be questioned by the<\/p>\n
              police at the said Hostel, after taking the<\/p>\n
              permission of the Hostel authorities.\n<\/p>\n
     (iii)    In the light of the specific apprehensions<\/p>\n
              expressed by the petitioners as well as the<\/p>\n
              alleged detenu and the 5th respondent that they<\/p>\n
              anticipate harm at the hands of the relatives of<\/p>\n
              the 5th respondent and their hirelings, specific<\/p>\n
              directions are issued to the second respondent,<\/p>\n
              Superintendent of Police, Thrissur and the<\/p>\n
              Commissioner of Police, Kochi City to ensure that<\/p>\n
              they   are    given   adequate    and   sufficient<\/p>\n
              protection.\n<\/p>\n
       (iv) The learned Government Pleader shall ensure<\/p>\n
               that the petitioners and the alleged detenu are<\/p>\n
               escorted by police officials to their place of<\/p>\n
               residence.   The 5th respondent shall also be<\/p>\n
W.P.(Crl.)No.424\/09             -13-<\/span><\/p>\n
              escorted to the Santhinikethan Hostel by the<\/p>\n
              police.\n<\/p>\n
      14. The learned counsel for the 5th respondent submits that<\/p>\n
the expenses for accommodation in the hostel till 14.12.2009 shall<\/p>\n
be met by the 5th respondent.\n<\/p>\n
      15. Towards the close of this dictation, the learned counsel<\/p>\n
Shri Rajesh Chakiat appears before Court and submits that the<\/p>\n
husband of the 5th respondent and her brother who had wanted<\/p>\n
the counsel to make the representations before Court when the<\/p>\n
case was called in the morning now submits that they do not now<\/p>\n
want to make any such applications.\n<\/p>\n
      16. Hand over copy of this order to the learned Government<\/p>\n
Pleader for immediate communication to the 2nd respondent and<\/p>\n
the Commissioner of Police.\n<\/p>\n
      17. Call on 14.12.2009.\n<\/p>\n<\/p>\n
                                      R.BASANT, JUDGE.\n<\/p>\n
                                   M.C.HARI RANI, JUDGE.\n<\/p>\n
dsn<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Velayudhan vs State Of Kerala Represented By The on 22 December, 2009 IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(Crl.).No. 424 of 2009(S) 1. VELAYUDHAN, S\/O.KUNJATHAN, … Petitioner 2. SANTHA, W\/O.VELAYUDHAN, DO, DO, DO. Vs 1. STATE OF KERALA REPRESENTED BY THE … Respondent 2. THE DISTRICT SUPERINTENDENT OF POLICE 3. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-26050","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nVelayudhan vs State Of Kerala Represented By The on 22 December, 2009 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/velayudhan-vs-state-of-kerala-represented-by-the-on-22-december-2009\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Velayudhan vs State Of Kerala Represented By The on 22 December, 2009 - 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