Writ petition for habeas corpus seeking release of a girl allegedly under illegal custody by her father and uncle. Court interacted with the girl via video conference; she denied custody and harassment findings interest, leading to dismissal.
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.K.JAYASANKARAN NAMBIAR &
THE HONOURABLE MR. JUSTICE GOPINATH P. THURSDAY, THE 3RD DAY OF JUNE 2021 / 13TH JYAISHTA, 1943 WP(CRL.) NO. 144 OF 2021
PETITIONERS:
SYAMRAJ AGED 30 YEARS S/O.RAJAN, RESIDING AT KODIVILAKATHU PUTHANVEEDU, PULIPPARA, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 541.
BY ADVS. T.C.SURESH MENON (K/203/1993)-22453 P.S.APPU S.R.ANEESH
RESPONDENTS:
1 JAYAKUMAR AGED 1 YEARS S/O.SUKUMARAN NAIR, RESIDING AT UTHRADAM, PULIPPARA, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 541.
2 ANILKUMAR, FATHER'S NAME NOT KNOWN, RESIDNG AT PALUVALLI, PONGUMOODU, NANNIYODE P.O., THIRUVANANTHAPURAM. 3 THE STATION HOUSE OFFICER, NEDUMANGAD POLICE STATION, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 541.
4 DEPUTY SUPERINTENDENT OF POLICE, NEDUMANGAD, NEDUMANGAD P.O., THIRUVANANTHAPURAM-695 541.
BY SRI.SAIGI JACOB PALATTY SR.G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 03.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl)No.144/2021
2
J U D G M E N T
Gopinath, J:
This writ petition has been filed by the petitioner seeking a writ of habeas corpus for the release of one Meenakshi from the alleged illegal custody of the 1st respondent, who is her father and the 2nd respondent who is her paternal uncle. It is alleged in the writ petition that the petitioner and the aforesaid Meenakshi were in love with each other and her relatives who are opposing the relationship have kept Meenakshi under illegal custody. Considering the averments in the writ petition we thought it appropriate to interact with the aforesaid Meenakshi who stated to be a major aged 19 years. Accordingly, we have interacted with the aforesaid Meenakshi today through video conferencing. It is her definite statement that she is a student studying in an Industrial Training Institute at Thiruvananthapuram, that she became acquainted with the petitioner, as the petitioner was running a shop near her house, that she is not under the illegal custody of her father or uncle as alleged and that the petitioner was harassing her by threatening her that he will circulate her photographs on social media.
W.P.(Crl)No.144/2021
3
state to the contrary. It is also submitted by learned counsel for the petitioner that the father of the aforesaid Meenakshi is not a person of good repute and further that his brother, the 2nd respondent is a politically influential person.
Sd/- A.K. JAYASANKARAN NAMBIAR JUDGE
sd/- GOPINATH P. JUDGE
AMG
W.P.(Crl)No.144/2021
4
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF THE COMPLAINT FILED BEFORE THE 4TH RESPONDENT DATED
13.5.2021.
TRUE COPY
P.A. TO JUDGE.
2 issues framed by the court
Whether the accused is under illegal custody warranting a writ of habeas corpus.
Whether the relationship between the parties is genuine or coerced.
Syamraj
Jayakumar
Anilkumar
The Station House Officer, Nedumangad Police Station
Deputy Superintendent of Police, Nedumangad
A.K. Jayasankaran Nambiar
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
