Dismissed

Vyshak K.R v. the Inspector General of Police

Kerala HC8 Nov 2018WP(Crl.)/426/2018

Case brief

AI extract

What is this about?

In a writ petition invoking habeas corpus, the petitioner alleged illegal detention of a girl named Athulya by her father against her will. The court found no basis for the allegations upon the detenue's confession in court that she wished to return to her parents' house.

What did the court decide?

The writ petition is dismissed and the alleged detenue is set at liberty to go along with the 5th respondent.

Vyshak K.R Vs the Inspector General of Police — Child Custody and Guardianship | Kerala HC (2018)

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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 C.K.ABDUL REHIM &

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THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

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THURSDAY,THE 08TH DAY OF NOVEMBER 2018 /17TH KARTHIKA, 1940

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WP(Crl.).No. 426 of 2018

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PETITIONER:

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VYSHAK K.R, AGED 28 YEARS S/O RAJAN K.V, KADAVIL PARAMBIL HOUSE, PANAMBUKAD, VALLARPADAM-682504

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BY ADVS. SRI.P.S.NANDANAN, SMT.AMEERA SALMAN SMT.SMITHA PILLAI SRI.K.C.SALMAN SRI.P.N.ANOOP

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RESPONDENTS:

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1 THE INSPECTOR GENERAL OF POLICE CENTRAL ZONE, ERNAKULAM - PIN-682018

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2 THE SUPERINTEND OF POLICE ERNAKULAM RURLA, ERNAKULAM-PIN-682018.

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3 THE CIRCLE INSPECGTOR OF POLICE CENTRAL POLICE STATION, ERNAKULAM, PIN-682018.

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4 THE SUB INSPECTOR OF POLICE MULAVUKAD POLICE STATION, ERNAKULAM, PIN682504.

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5 CLETUS,FATHER'S NAME NOT KNOWN, AGED ABOUT 63 YEARS, MANAYATHU HOUSE, VALLARPADAM.P.O, ERNAKULAM-682504. BY ADVS. DIRECTOR GENERAL OF PROSECUTION SMT.C.K.UDAYAKUMARY SRI.V.SRI NATH

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OTHER PRESENT:

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SR.GP.SRI. K.B.RAMANAND

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08.11.2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl) No. 426/2018

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-:2:-

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C.K. ABDUL REHIM

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& T.V. ANILKUMAR, JJ.

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-----------------------------------------------------

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W.P.(Crl) No. 426 OF 2018 S

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-------------------------------------------------------

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Dated this the 8^th day of November, 2018

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J U D G M E N T

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Abdul Rehim, J.

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The petitioner is approaching this court by raising an allegation that Miss. Athulya, with whom he is in love, is being detained illegally by her father, the 5^th respondent herein,

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against her free will. He is seeking a writ of Habeas Corpus on that basis for commanding production of the corpus of Miss. Athulya(hereinafter referred to as 'the alleged detenue') and to set her at liberty.

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It is averred in the writ petition that the petitioner and

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the alleged detenue were in love and that they have taken a

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decision to marry each other. Family members of the alleged

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W.P.(Crl) No. 426/2018

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-:3:-

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detenue are against their decision and they have taken the alleged detenue to attend a meditation. Despite, it is alleged that, the detenue had informed the petitioner through Ext.P2 letter that she want to live with him. Under such circumstances, alleging that the detenue is under illegal detention of the 5^th respondent, the above writ petition is filed.

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On receipt of notice from this court the 5^th respondent appeared and produced the alleged detenue before this court on today. When we interacted, she confessed about the intimacy developed with the petitioner. But she said that she has not taken any decision to marry the petitioner, without the consent and willingness of her parents. She had denied the allegations of illegal confinement. She expressed her desire to go along with her parents to her parental home.

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Under the above mentioned circumstances, this court

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do not find any basis for the allegations of illegal detention. Consequently, the above writ petition fails and the same is

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W.P.(Crl) No. 426/2018

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-:4:-

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dismissed. The alleged detenue is set at liberty to go along with

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the 5^th respondent, as desired by her.

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Sd/- C.K. ABDUL REHIM, JUDGE .

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Sd/- T.V. ANILKUMAR, JUDGE .

ul/-

[True copy]

P.S. to Judge.

W.P.(Crl) No. 426/2018

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-:5:-

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ADHAR CARD OF ATHULYA CLEETUS. EXHIBIT P2 TRUE COPY OF THE LETTER GIVEN BY THE DETENUE.

Vyshak K.R v. the Inspector General of Police

Case brief

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Vyshak K.R v. the Inspector General of Police

Case brief

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