In a writ petition for habeas corpus, the petitioner alleged illegal detention of a girl involved in an elopement. The girl produced before the court denied illegal detention and stated she is with her parents. The court found no basis for the allegations and dismissed the petition, ordering her liberty.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
&
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY ,THE 16TH DAY OF NOVEMBER 2018 / 25TH KARTHIKA, 1940
WP(Crl.).No. 445 of 2018
PETITIONER:
MUHAMMED JASEEL B., AGED 22 YEARS, S/O.E.BASHEER, ASHARISSERIL, KOTTUKULANGARA, KAYAMKULAM.P.O., ALAPPUZHA-690 502.
BY ADVS.
SRI.RENJIT GEORGE SRI.OMAR SALIM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001.
R1 TO R5 BY SR.GOVT.PLEADER SRI. K.B.RAMANAND
WP(Crl.).No. 445 of 2018 : 2 :
R6 & R7 BY ADVS.SRI.C.S.AJITH PRAKASH SRI.T.K.DEVARAJAN
OTHER PRESENT:
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 445 of 2018 : 3 :
JUDGMENT
C.K.Abdul Rehim, J.
The petitioner is raising complaint that Miss.Fathima Arshana, with whom he is stated to be in love, is being illegally detained by respondents 6 and 7, against her free will. Based on the said allegation, the petitioner seeks a writ of Habeas corpus for commanding production of the corpus of Miss.Fathima Arshana (hereinafter referred to as 'the alleged detenue') and to set her at liberty.
2. Averments are to the effect that, on 4.11.2018 the petitioner and the alleged detenue eloped for registering their marriage before the Registrar of Marriages. But the relatives of the alleged detenue interfered and promised that a marriage
WP(Crl.).No. 445 of 2018 : 4 :
between the petitioner and the alleged detenue will be arranged. It is stated that the alleged detenue was taken into custody by the respondents 4 and 5 on that day and she was produced before the Judicial First Class Magistrate, Chengannur, who was holding additional charge of the Judicial First Class Magistrate Court, Kayamkulam. According to the petitioner, she was sent along with the parents by the learned Magistrate, after interacting with her relatives, based on an understanding that a marriage between the petitioner and the alleged detenue will be conducted. But, the respondents 6 and 7 had backed out from the promise and they are now illegally detaining the alleged detenue without allowing her to contact the petitioner in any manner. Hence the writ petition is filed.
WP(Crl.).No. 445 of 2018 : 5 :
3. On receipt of notice from this
Court, the respondents 6 and 7 appeared through lawyer and produced the alleged detenue before this Court, on today. When we interacted, alleged detenue had denied the allegations of illegal detention. She
confessed about the acquaintance which she had with the petitioner. According to her, she was set at liberty from the Magistrate's Court on the basis of her desire expressed to go along with her parents. She said that she is now living in the parental home on her own wish and will. According to her, she has not taken any decision to marry the petitioner.
Under the above mentioned circumstances, this Court do not find any basis for the allegations of illegal detention. Consequently, the writ petition fails and
WP(Crl.).No. 445 of 2018 : 6 :
the same is hereby dismissed. The alleged
detenue is set at liberty to go along with the respondents 6 and 7, as desired by her.
Sd/-
C.K.ABDUL REHIM
JUDGE
Sd/T.V.ANILKUMAR JUDGE
Bb
[True copy]
P.A to Judge
3 issues framed by the court
Whether there is any basis for the allegations of illegal detention raised by the petitioner regarding the alleged detainee.
Whether the writ petition seeking habeas corpus should be allowed.
How the alleged detainee should be set at liberty based on her expressed desire.
Muhammed Jaseel B.
State of Kerala
Director General of Police, Kerala
District Police Chief, Alappuzha
Circle Inspector of Police, Kayamkulam
Sub Inspector of Police, Kayamkulam
C.K. Abdul Rehim
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
