Habeas corpus petition filing alleging illegal detention of a woman (petitioner's love interest) by her maternal uncle and cousin. Court examined detenue who denied confinement claims. Dismissed writ petition finding no basis for illegal detention.
Writ petition dismissed; alleged detenue declared at liberty to go to her home.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY ,THE 13TH DAY OF NOVEMBER 2018 / 22ND KARTHIKA, 1940
WP(Crl.).No. 429 of 2018
PETITIONER:
SARIN. K.,
S/O. KRISHNANKUTTY, MULLAKKARA HOUSE, CHERUKULAM, CHERUKULAM P.O., KOTTAYI, PALAKKAD
BY ADV. SRI.M.SHAJU PURUSHOTHAMAN
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695009
3 ARUMUGHAN, MOOCHIKKAL HOUSE, KADANTHODI PALLAN, CHATHANNUR P.O., PALAKKAD DISTRICT, PIN-678702.
4 NIKHIL, AGED 27 YEARS, S/O.CHANDRAN, MOOCHIKKAL HOUSE, KADANTHODI, PALLAN, CHATHANNUR P.O., PALAKKAD DISTRICT, PIN-678571.
R1 & R2 BY SR.GOVT.PLEADER SRI. K.B.RAMANAND
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 429 of 2018 : 2 :
JUDGMENT
C.K.Abdul Rehim, J.
The petitioner is raising an allegation that Ms.Dhanyamol, with whom he claims to be in love, is being detained by the respondents 3 and 4, against her free will. On that basis the petitioner is seeking a writ of Habeas corpus for commanding production of the corpus of Ms.Dhanyamol (hereinafter referred to as 'the alleged detenue) and to set her at liberty.
2. It is alleged in the writ petition that the petitioner and the alleged detenue were in love since the last 4 years. The 3rd respondent is the maternal uncle of the alleged detenue and the 4th respondent is her
WP(Crl.).No. 429 of 2018 : 3 :
cousin. It is stated that, on 29.9.2018, when the petitioner and the alleged detenue were travelling on a motor cycle, the 4th
respondent met them. He wrongfully restrained them and assaulted the petitioner. The alleged detenue was taken into custody. According to the petitioner, thereafter the alleged detenue is kept under illegal confinement by the respondents 3 and 4 against her free will and she was not allowed to contact the petitioner in any manner. It is stated that the detenue had recently contacted the petitioner over phone and informed about the illegal detention and requested to take steps to get her released. The above writ petition is filed on the above basis.
3. On receipt of notice from this Court, the respondents 3 and 4 had produced the
WP(Crl.).No. 429 of 2018 : 4 :
alleged detenue, on today. When we interacted, the alleged detenue told that, she had completed the age of 20 years and she was studying for I.T.I. Course. She conceded about the acquaintance with the petitioner, he being a college-mate while the alleged detenue was studying for plus two course. She denied the allegation that there was a decision between the petitioner and the alleged detenue to get married each other. She had also denied the allegations of illegal confinement by the respondents 3 and 4. According to the alleged detenue, she is now staying in her parental home at Erimayur, on her own will and wish. She expressed her desire to go back to her parental home along with her mother who is present before this Court on today.
Under the above mentioned circumstances,
WP(Crl.).No. 429 of 2018 : 5 :
this Court do not find any basis for the allegations of illegal detention. Consequently, the writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go to her home, as desired by her.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/-
T.V.ANILKUMAR
JUDGE
Bb
WP(Crl.).No. 429 of 2018 : 6 :
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PHOTOGRAPH SHOWING THE CLOSE RELATION OF THE PETITIONER AND DETENUE DATED NIL.
RESPONDENTS' EXHIBITS:
NIL
P.A. To Judge
Bb
1 issue framed by the court
Whether there is any basis for the allegations of illegal detention and confinement of the alleged detenue by the respondents.
SARIN. K.
STATE OF KERALA
THE SUB INSPECTOR OF POLICE, KUZHALMANNAM POLICE STATION
ARUMUGHAN
NIKHI
C.K.ABDUL REHIM
T.V.ANILKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
