The High Court of Kerala heard a writ petition claiming the illegal detention of the petitioner's major-fiancee at her parental home. The detainee appeared and stated she was free. The court found no merit and dismissed the petition.
The writ petition is dismissed.
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 A.HARIPRASAD
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(Crl.).No.42 OF 2020
PETITIONER/S:
FASALUDHEEN O.,AGED 23 YEARS S/O. P. M. MOIDU, SUBAIDA MANZIL, P. O. SIVAPURAM, KANNUR DISTRICT - 670702.
(MALOOR POLICE STATION LIMIT)
BY ADVS.
SRI.T.P.SAJID SRI.C.KHALID
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
R1-5 BY GOVERNMENT PLEADER R6 BY ADV. SRI.BASANT BALAJI
SR PUBLIC PROSECUTOR- MR.ALEX M THOMBRA
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No.42 OF 2020 2
JUDGMENT
A.HARIPRASAD, J.
Heard the learned counsel for the petitioner, sixth respondent and Public Prosecutor.
Santhosh is under the illegal detention of the sixth respondent, her father. The allegations in the petition would show that from 30.01.2020, she was missing from her office at Chennai and thereafter she continues in confinement, at her parental home at Kannur District.
Having regard to the facts and circumstances, we find no merit in the writ petition.
The writ petition is dismissed.
Sd/-
A.HARIPRASAD, JUDGE
Sd/-
N.ANIL KUMAR, JUDGE
ajt
WP(Crl.).No.42 OF 2020 3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PETITIONER. |
COURSE CERTIFICATE OF THE |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE 20.8.2015 OBTAINE JET AIRWAYS AS CA |
CERTIFICATE DATED D BY THE PETITIONER FROM BIN CREW OPERATIONS. |
| EXHIBIT P3 | TRUE COPY OF THE MARRIAGE. |
NOTICE FOR INTENDED |
| EXHIBIT P4 | TRUE COPY OF THE DATED 20.1.2020. |
ACKNOWLEDGMENT RECEIPT |
| EXHIBIT P5 | TRUE COPY OF MOBI MESSAGES OF THE D |
LE PRINTOUT OF SMS ETENUE. |
| EXHIBIT P6 | TRUE COPY OF THE THE PETITIONER BY |
WHATSAPPS MESSAGES SEND TO THE DETENUE. |
| EXHIBIT P7 | TRUE COPY OF THE SUBMITTED BY THE RESPONDENT ALONG |
COMPLAINT DATED 1.2.2020 PETITIONER BEFORE THE 2ND WITH POSTAL RECEIPT. |
| EXHIBIT P8 | TRUE COPY OF THE SUBMITTED BY THE RESPONDENT ALONG |
COMPLAINT DATED 1.2.2020 PETITIONER BEFORE THE 3RD WITH POSTAL RECEIPT. |
| EXHIBIT P9 | TRUE COPY OF THE SUBMITTED BY THE RESPONDENT ALONG |
COMPLAINT DATED 1.2.2020 PETITIONER BEFORE THE 3RD WITH POSTAL RECEIPT. |
2 issues framed by the court
Whether the petitioner's writ petition claiming illegal detention of his fiancee merits being allowed.
Whether the detenue's statement that she is free and not under illegal detention negates the claim.
FASALUDHEEN O.
THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
THE STATE POLICE CHIEF POLICE HEADQUARTERS, THIRUVANANTHAPURAM
THE DISTRICT POLICE CHIEF, KANNUR
THE CIRCLE INSPECTOR OF POLICE KUTHUPARAMBU POLICE STATION, KUTHUPARAMBU, KANNUR DISTRICT
THE SUB INSPECTOR OF POLICE MALOOR POLICE STATION, KANNUR
A.HARIPRASAD
N.ANIL KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
