Disposed

Jaya Biju, v. District Police Chief

Kerala HC16 Nov 2018WP(Crl.)/442/2018

Case brief

AI extract

What is this about?

In a habeas corpus petition, the High Court was approached on behalf of a missing minor girl to set her free from alleged illegal detention by her alleged abductor and his parents. The Court observed that the girl voluntarily agreed to return with her mother and disposed of the petition accordingly.

What did the court decide?

The writ petition was disposed of by setting the alleged detenue at liberty to go along with the petitioner.

Jaya Biju, Vs District Police Chief — Bail and Remand | 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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FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940

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WP(Crl.).No. 442 of 2018

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PETITIONER:

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JAYA BIJU, AGED 45 YEARS, W/O. BIJU, KIDANGATHKAROTTU HOUSE, EDIVANNA P.O., PARAKKAD, AKAMPADAM, NILAMBUR, MALAPPURAM - 679329.

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BY ADV. SRI.GIKKU JACOB

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RESPONDENTS:

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1 DISTRICT POLICE CHIEF, MALAPPURAM DISTRICT- 676504.

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2 CIRCLE INSPECTOR OF POLICE, NILAMBUR POLICE STATION, MALAPPURAM DISTRICT-679329.

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3 SUB INSPECTOR OF POLICE, NILAMBUR POLICE STATION, MALAPPURAM DISTRICT-679329.

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4 ABDUL RAHIM, AGED 27 YEARS, S/O.UMMAR, NAYATTUVALAPPIL HOUSE, PALLIKAL, PALLAM, KOTTAMBATHUR, THALAPPALLY, PALAKKAD-679532.

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5 UMMAR, AGED 55 YEARS, NAYATTUVALAPPIL HOUSE, PALLIKAL, PALLAM, KOTTAMBATHUR, THALAPPALLY, PALAKKAD-679532.

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6 AMINA,

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AGED 50 YEARS, W/O.UMMAR, NAYATTUVALAPPIL HOUSE, PALLIKAL, PALLAM, KOTTAMBATHUR, THALAPPALLY, PALAKKAD-679532.

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R1 TO R3 BY SR.GOVT.PLEADER SRI.K.B.RAMANAND R5 & R6 BY ADV.SRI.K.SHIBILI NAHA

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WP(Crl.).No. 442 of 2018 : 2 :

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OTHER PRESENT:

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THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(Crl.).No. 442 of 2018 : 3 :

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JUDGMENT

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C.K.Abdul Rehim, J.

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Mother of a girl named Sneha Biju, aged 17 years, is the petitioner herein, seeking a writ of Habeas corpus for commanding production of the corpus of Miss.Sneha Biju (hereinafter referred to as 'the alleged detenue') and to set her at liberty from the alleged illegal detention of the respondents 4 to 6.

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2. It is stated that, the alleged detenue is missing since 29.10.2018 and it was suspected that she was taken away by the 4^th respondent with the connivance of his parents, who are respondents 5 and 6. With respect to missing of the alleged detenue, the police had registered a case as Crime

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WP(Crl.).No. 442 of 2018 : 4 :

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No.408/2018 of Nilambur police station, under Section 57 of the Kerala Police Act, 2011,

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based on a complaint lodged by the

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petitioner. Alleging that police authorities are not taking any effective investigation with respect to the case registered and also

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alleging that the minor girl of the petitioner is under illegal confinement of the respondents 4 to 6, the above writ petition is filed.

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3. Pursuant to notice issued from this Court, the respondents 5 and 6 appeared and submitted that the 4^th respondent is also missing and that they are unaware about the whereabouts of the 4^th respondent or the alleged detenue. On behalf of the 2^nd respondent, it was submitted on 13.11.2018 that, investigation of the case registered is under progress. It was revealed that the

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WP(Crl.).No. 442 of 2018 : 5 :

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alleged detenue was taken away by the 4^th respondent. Attempts are being made to trace out them by following their call details. On 13.11.2018, this Court directed the 1^st respondent to intensify the investigation by entrusting the charge of the investigation with any higher Police Official. The 1^st respondent was directed to personally monitor the investigation on a day today basis. It

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was directed to alter the case with the offence of kidnapping, because it was revealed that the alleged detenue is a minor girl. The case was adjourned on that day for reporting progress of the investigation.

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4. On motion made by learned Government Pleader, posting of the case was advanced to today on the basis that the alleged detenue is traced out. The alleged detenue is produced before this Court on today by the

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WP(Crl.).No. 442 of 2018 : 6 :

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respondents 1 to 3. The learned Government Pleader submitted that the alleged detenue was traced out from Chennai along with the 4^th respondent, on 14.11.2018, and they were brought down to Kerala. It is further submitted that the case registered as Crime No.408/2018 of Nilambur police station was altered to one punishable for offences under Sections 363 and 376 of the Indian Penal Code

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and Sections 5 and 6 of the Protection of Children from Sexual Offences Act, 2012. It is stated that, the 4^th respondent was arrested in the said case and he will be produced before the Magistrate court concerned, on today.

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5. When we interacted with the alleged

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detenue, she conceded that she is a minor, her date of birth being 20.4.2001. She said that she had gone along with the 4^th

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WP(Crl.).No. 442 of 2018 : 7 : respondent only under his compulsion and coercion. She expressed her desire to go along with her mother, the petitioner herein, in order to continue her stay in the parental home and to pursue her studies. Under the above mentioned circumstances,

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the above writ petition is hereby disposed of by setting the alleged detenue at liberty to go along with the petitioner.

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Sd/C.K.ABDUL REHIM

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JUDGE

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Sd/-

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T.V.ANILKUMAR JUDGE

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WP(Crl.).No. 442 of 2018 : 8 :

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE BIRTH CERTIFICATE OF SNEHA BIJU DATED 20.4.2001 EXHIBIT P2 TRUE COPY OF THE FIR IN CRIME NO.408 OF 2018 UNDER SECTION 57 OF KP ACT 2011 OF NILAMBUR POLICE EXHIBIT P3 TRUE COPY OF THE PHOTOGRAPH TAKEN FROM THE CCTV RECORDINGS

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RESPONDENTS' EXHIBITS:

NIL

//True Copy//

P.A. To Judge

Jaya Biju, v. District Police Chief

Case brief

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Jaya Biju, v. District Police Chief

Case brief

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