Dismissed

K.Prabhakaran Nair v. Sub Inspector of Police

Kerala HC26 Nov 2012WP(Crl.)/581/2012

Case brief

AI extract

What is this about?

Petitioner filed a Habeas Corpus petition alleging abduction of his daughter by respondents. The court examined marriage certificates submitted by the alleged detainee, found no warrant for issuance of the writ as the parties were duly married, and dismissed the petition.

What did the court decide?

Relief declined. Writ petition disposed of without issuing the writ of Habeas Corpus based on evidence of lawful marriage.

K.Prabhakaran Nair Vs Sub Inspector of Police — Writ and Judicial Review | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE & THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH

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MONDAY, THE 26TH DAY OF NOVEMBER 2012/5TH AGRAHAYANA 1934

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WP(Crl.).No. 581 of 2012 (S)

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PETITIONER(S):

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K.PRABHAKARAN NAIR, S/O. KRISHNA PILLAI, AGED 57 YEARS FROM VALIYAPURAIKAL VEEDU, KANJAMPAZHANJI P.O NOW RESIDING AT RADHA KRISHNA HOUSE KULAPULIYOORKONAM, NEMOM P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.G.SUDHEER

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RESPONDENT(S):

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SUB INSPECTOR OF POLICE

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NEMOM POLICE STATION, NEMOM P.O, THIRUVANANTHAPURAM.

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VINEESH

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S/O. VIJAYAKUMAR, KALIYAL VEEDU, ANANDESWARAM

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CHEMPAZHANTHI P.O, SREEKARIYAM VIA

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THIRUVANANTHAPURAM - 695 587.

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VIJAYAKUMAR S.

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KALIYAL VEEDU, ANANDESWARAM, CHEMPAZHANTHI P.O SREEKARIYAM VIA, THIRUVANANTHAPURAM - 695 587.

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RAMACHANDRAN NAIR,

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KALIYAL VEEDU, ANANDESWARAM, CHEMPAZHANTHI P.O SREEKARIYAM VIA, THIRUVANANTHAPURAM - 695 587.

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R1 BY SRI.TOM JOSE PADINJAREKKARA (DGP) R2 - R4 BY SRI.KRISHADAS

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 26-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl.) No.581/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE WRITTEN COMPLAINT FILED BY THE PETITIONER BEFORE THE 2ND RESOPNDENT DATED 27/10/2012.

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RESPONDENTS' EXHIBITS NIL

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/TRUE COPY/ P.A. TO JUDGE.

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PIUS C.KURIAKOSE & BABU MATHEW P.JOSEPH JJ.

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W.P.(Crl.) . NO. 581 OF 2012

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Dated this the 23rd day of November, 2012

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JUDGMENT

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Pius C.Kuriakose,J

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The petitioner has filed this writ petition seeking issuance of a writ of Habeas Corpus on the allegation that his daughter Priya was abducted by respondents 2 to 4 and is presently being kept under illegal detention by those respondents.

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On considering this writ petition for admission, we on

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21/11/2012 passed the following order;

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“Not admitted. Sri.Suresh learned Government Pleader takes notice for R1. He will seek instructions from R1 as to whether any action was taken on Ext.P1 and if yes as to what is the status of the investigation. Issue notice on admission by special messenger to R2 to R4. R2 to R4 are directed to produce Priya, the daughter of the petitioner, before this court at 10.15 am on 26/11/2012 and to show cause why the above order for production should not be made absolute. Post on 26/11/2012. “

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Accordingly, before us, respondents 2 to 4 are present

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today. So also the alleged detenue and her father, the petitioner, are also present. We interacted with the alleged

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W.P.(Crl.)No.581 /2012 2

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detenue and with the petitioner in detail. The alleged detenue told us that the 2^nd respondent is her duly wedded husband. According to her, their marriage was solemnised at Korani Varuvilakam Bhagavathy Devil Temple at Thiruvananthapuram and that thereafter the marriage was duly registered under the Kerala Registration of Marriages (Common) Rules 2008 maintained by the Mudakkal Grama Panchayat. Photostat copy of the certificate issued by the temple as well as the certificate of marriage issued by the local authority are placed before us by the alleged detenue.

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The only question which arises before us is whether writ of Habeas Corpus sought for should be granted. As the documents placed before us by the alleged detenue reveals prima facie that she and the 2^nd respondent are duly married, we do not find any warrant for issuance of the writ sought for. We decline relief and dispose of this writ petition. Sd/-

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PIUS C.KURIAKOSE, JUDGE Sd/-

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BABU MATHEW P.JOSEPH, JUDGE.

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dpk

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/True copy/ P.A to Judge.

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W.P.(Crl.)No.581 /2012 3

K.Prabhakaran Nair v. Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

K.Prabhakaran Nair v. Sub Inspector of Police

Case brief

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