Dismissed

Rajesh P.V. v. State of Kerala

Kerala HC21 Nov 2018WP(Crl.)/447/2018

Case brief

AI extract

What is this about?

In a writ of habeas corpus filed by the petitioner alleging illegal confinement of an alleged detenue (his love interest) by her maternal uncle, the court heard both parties. Upon production of the detenue, she denied confinement and expressed a desire to stay with her uncle, dismissing the petitioner's plea.

What did the court decide?

Writ petition dismissed; alleged detenue set at liberty to go along with the 4th respondent as desired by her.

Rajesh P.V. Vs State of Kerala — Writ and Judicial Review | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM &

¶4

THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

¶5

WEDNESDAY,THE 21ST DAY OF NOVEMBER 2018/30TH KARTHIKA, 1940

¶6

WP(Crl.).No. 447 of 2018

¶7

PETITIONER:

¶8

RAJESH P.V. AGED 33 YEARS S/O MANMADHAN NAIR, SREEDEVI BHAVAN, NETTAYAM PO, AMBALAKUNNU, KOLLAM PIN - 691537

¶9

BY ADVS. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REP BY SECRETARY TO THE HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

¶12

2 THE CIRCLE INSPECTOR OF POLICE BALUSSERY, KOZHIKODE, PIN-673612

¶13

3 S.I. OF POLICE, KAKOOR, KOZHIKODE PIN-673 613

¶14

4 BIJU AGED 50 YEARS S/O. FATHER'S NAME NOT KNOWN TO THE PETITIONER, KUNNAMKANDY HOUSE, IRUVALLUR P.O., CHELANNUR, KOZHIKODE, PIN-673616

¶15

BY ADV. SRI.K.P.SUDHEER

¶16

OTHER PRESENT:

¶17

SR.GP.SRI.K.B.RAMANAND

¶18

THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

W.P.(Crl) No.447 /2018

¶20

-:2:-

¶21

C.K. ABDUL REHIM

¶22

& T.V. ANILKUMAR, JJ.

¶23

----------------------------------------------------W.P.(Crl) No. 447 OF 2018 S

¶24

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

¶25

Dated this the 21^st day of November, 2018

¶26

J U D G M E N T

¶27

Abdul Rehim, J.

¶28

The petitioner is approaching this court seeking a writ of Habeas Corpus for commanding production of the corpus of Miss. Anjali(hereinafter referred to as 'the alleged detenue'), with whom he is stated to be in love, raising an allegation that she is illegally detained by the 4^th respondent against her free will.

¶29

It is stated in the writ petition that, the petitioner and

¶30

the alleged detenue are in love and they have taken a decision

¶31

to get married each other. But the 4^th respondent, who is the maternal uncle of the alleged detenue, along with whom the

¶32

W.P.(Crl) No.447 /2018

¶33

-:3:-

¶34

alleged detenue is living, is against their relationship. Allegation is that, on that basis the 4^th respondent is threatening the petitioner and keeping the alleged detenue under illegal confinement without allowing her to contact the petitioner in any manner. It is also alleged that the 4^th respondent is not permitting the alleged detenue to pursue her studies. Under such circumstances, the petitioner is approaching this court seeking the reliefs as mentioned above.

¶35

On receipt of notice from this court the 4^th respondent appeared and produced the alleged detenue before this court on today. When we interacted, the alleged detenue confessed about the acquaintance which she had with the petitioner. But it is stated that she is not intending to pursue any relationship with the petitioner and that she has not taken any decision to marry him. She had emphatically denied the allegations of illegal confinement. She expressed her desire to go along with the 4^th respondent and to continue her life in the house of the 4^th

¶36

W.P.(Crl) No.447 /2018

¶37

-:4:-

¶38

respondent.

¶39

Under the above mentioned circumstances, this court

¶40

do not find any basis for the allegations of illegal confinement. Consequently, this writ petition fails and the same is hereby dismissed. The alleged detenue is set at liberty to go along with the 4^th respondent, as desired by her.

¶41

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

¶42

Sd/- T.V. ANILKUMAR, JUDGE, JUDGE .

ul/-

[True copy]

P.S. to Judge.

W.P.(Crl) No.447 /2018

¶47

-:5:-

¶48

APPENDIX

¶49

PETITIONER'S EXHIBITS:

¶50

EXHIBIT P1 THE TRUE COPY OF CERTIFICATE SHOWING THE AVOCATION OF THE PETITIONER

¶51

EXHIBIT P2 THE TRUE COPY OF CERTIFICATE SHOWING THE COMPLETION OF THE HOLISTIC FAMILY MANAGEMENT BY THE PETITIONER

¶52

EXHIBIT P3 THE TRUE COPY OFPHOTOGRAPS SHOWING THE DIFFERENT INSTANCES OF THE LOVABLE RELATIONSHIP OF THE PETITIONER AND THE DETENU

Rajesh P.V. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rajesh P.V. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sharafunnisa Vs the Superintendent of Police

Jaya Biju, Vs District Police Chief

Muhammed Jaseel B. Vs State of Kerala

Kiran Kumar Vs Pradeep Mohan Warrier

George Joseph Vs the State Police Chief

Santhoshkumar.N Vs the Superintendent of Police (Rural)