Jithin P.A v. State of Kerala
Case brief
What is this about?
Petitioner alleged illegal detention of his fiancée. Court noted statements from the alleged detenue and police report confirming no restraint or intimidation. Petition closed.
Petitioner alleged illegal detention of his fiancée. Court noted statements from the alleged detenue and police report confirming no restraint or intimidation. Petition closed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 25TH DAY OF OCTOBER 2021 / 3RD KARTHIKA, 1943 WP(CRL.) NO. 267 OF 2021
PETITIONER/S:
JITHIN P.A AGED 23 YEARS S/O. AYYAPPAN (LATE) PARAKKAL HOUSE, CHEENIPPADI, PATHIRIYAL-P.O., MALAPPURAM DISTRICT, PIN-676 123
BY ADVS. P.VENUGOPAL T.J.MARIA GORETTI FERHA AZEEZ
RESPONDENT/S:
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5 VIKRAMAN T.R., ARYA BHAVAN, KADAPRA P.O.,KOIPPURAM, PATHANAMTHITTA DISTRICT, PIN-689 547 BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
WP(Crl.) No.267 of 2021
Dated this the 25th day of October, 2021 J U D G M E N T
Jayachandran, J.
This writ petition is preferred by the petitioner alleging that his fiancée is under illegal detention of her parents and she is being intimidated with an eye fixed on dissuading her from marrying the petitioner.
third respondent to take the statement of the alleged detenue in the absence of her parents or any of her family members. The said statement is available before us today, along with the report prepared by the third respondent, Deputy Superintendent of Police. In the statement, the alleged detenue would state, among other things, that she is not under any restraint, whatsoever, in her house and that she is not being intimidated either physically or mentally by her parents or anybody else. The alleged detenue would further state that she used
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to go out along with her mother. The report preferred by the Deputy Superintendent of Police, also would state that the alleged detenue is
not under any threat or intimidation from anybody and that she is not detained by her parents.
detenue, which finds reiteration in the report prepared by the Deputy Superintendent of Police, we find no illegal detention of the detenue by her parents.
In the result, the writ petition would stand closed.
Sd/-
K.VINOD CHANDRAN
JUDGE
Sd/-
C.JAYACHANDRAN
JUDGE
jg
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APPENDIX OF WP(CRL.) 267/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED 15.09.2021 PREFERRED BY THE PETITIONER TO THE FOURTH RESPONDENT Exhibit P2 THE TRUE PRINT OUT OF THE WHATSPP MESSAGES SENT BY THE DETENUE TO THE PETITIONER
2 issues framed by the court
Whether the alleged detenue was illegally detained by her parents.
Whether the statements filed by the detenue and the police report establish the absence of detention or intimidation.
JITHIN P.A
STATE OF KERALA
DISTRICT POLICE CHIEF, PATHANAMTHITTA
DEPUTY SUPERINTENDENT OF POLICE, THIRUVALLA
INSPECTOR OF POLICE, KOIPPURAM
K. VINOD CHANDRAN
C. JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court