Petition filed for habeas corpus alleging illegal detention by the father ofMiss Josna Mathew. Court examined detenue who stated she is voluntarily with parents and wishes so to remain. Writ petition dismissed based on her statement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
FRIDAY, THE 3RD DAY OF MARCH 2017/12TH PHALGUNA, 1938
WP(Crl.).No. 72 of 2017 (S)
PETITIONER(S):
JAYAKRISHNAN
AGED 28 YEARS, S/O.NEELAKANTAN NAIR, VADAKKEL HOUSE, CHIRAKKADAV CENTER P.O., KOTTAYAM, PIN-686519.
BY ADV. SRI.GIKKU JACOB
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001.
2. DISTRICT POLICE CHIEF
COLLECTORATE P.O., KOTTAYAM-686001.
3. SUB INSPECTOR OF POLICE AYARKUNNAM POLICE STATION, KOTTAYAM-686564.
4. MATHEW AGED 60 YEARS, MAMPUZHACKEL HOUSE, ELAPANI, AYARKUNNAM P.O., KOTTAYAM-686564.
BY SR GOVERNMENT PLEADER SRI.K.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 72 of 2017 (S) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
----------------------EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH OF THE PETITIONER AND DETENUE.
EXHIBIT P2 TRUE COPY OF THE SMS EXCHANGED BY DETENUE AND THE PETITIONER.
RESPONDENT(S)' EXHIBITS
Rp
//TRUE COPY//
PS TO JUDGE
A.M. SHAFFIQUE & K.RAMAKRISHNAN, JJ.
=========================== W.P(Crl) No. 72 of 2017
==================
Dated this, the 3rd day of March, 2017
J U D G M E N T
Shaffique, J.
This writ petition is filed seeking for a writ of habeas corpus alleging that the detenue Miss.Josna Mathew is under the illegal detention of the 4th respondent, her father.
Taking into consideration the aforesaid statement, the writ petition is dismissed.
Sd/-
A.M. SHAFFIQUE, JUDGE
Sd/- K.RAMAKRISHNAN, JUDGE
Rp3/3/2017
//True Copy//
P.S to Judge
2 issues framed by the court
Whether the detenue Miss Josna Mathew is under illegal detention by her father and sought habeas corpus.
Whether the court should grant relief based on the detenue's statement that she is voluntarily residing with her parents.
JAYAKRISHNAN
STATE OF KERALA
STATE OF KERALA REPRESENTED BY DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM
DISTRICT POLICE CHIEF KOTTAYAM
SUB INSPECTOR OF POLICE AYARKUNNAM
MATTHEW
SHAFFIQUE
RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
