Perinjeri in a writ petition, the High Court of Kerala interacted with the petitioner and the alleged detainee via video conference. The Court found she voluntarily left her husband and resides with the third respondent. The writ petition seeking her release was 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 ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944 WP(CRL.) NO. 641 OF 2022
PETITIONER:
DINESH KUMAR, S/O.VELAYUDHAN, AGED 65 YEARS, KAITHAVALAPPIL HOUSE, MANANCHERIKUNNU DESOM, PUTHENVELIKKARA (PO), ERNAKULAM DISTRICT, PIN- 682032.
BY ADVS.M/S. P.S.ANISHAD & LIMNA BHASKARAN
RESPONDENTS:
SRI. E.C.BINEESH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
===========================================
W. P. (Crl.) No. 641 of 2022
=========================================== Dated this the 21st day of July, 2022
J U D G M E N T
ALEXANDER THOMAS, J.
The prayers in the instant Writ Petition (Criminal) are as
follows:
previous occasion, this Court has passed an order dated 14.7.2022 in this W.P.(Crl.), which reads as follows:
"We are told that the alleged detenue, who is the daughter of the petitioner, is in illegal custody of the 3rd respondent. In such circumstance, we are of the opinion that the 3rd respondent shall produce the alleged detenue before the Secretary, District Legal Services Authority (DLSA), Thrissur at 9.30 a.m. on 21.07.2022. We direct the 2nd respondent to intimate the 3rd respondent about our directions. On production of the alleged detenue, the Secretary, DLSA, Thrissur shall facilitate Video Conferencing, so as to enable us to interact with the alleged detenue at 10.15 a.m. The Secretary, DLSA, Thrissur shall interact with the subject. The petitioner shall also be present, who shall be permitted to interact with the subject."
W. P. (Crl.) No. 641 of 2022
..2..
W. P. (Crl.) No. 641 of 2022
under the illegal detention of either the 3rd respondent or anyone else. In the light of these aspects, it is ordered that the Writ Petition (Criminal) will stand dismissed.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SHOBA ANNAMMA EAPEN, JUDGE
MMG
APPENDIX OF WP(CRL.) 641/2022
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE FIR NO.752/2022 FOR S.57 OF KERALA POLICE ACT 2011 OF MALA POLICE STATION.
2 issues framed by the court
Whether the writ petitioner is entitled to habeas corpus relief as his daughter is in illegal detention.
Whether the allegations of illegal custody and detention are proved based on the video conferencing interaction.
1 provisions across 1 enactments
DINESH KUMAR
STATE OF KERALA
SAIMON
ALEXANDER THOMAS
SHOBA ANNAMMA EAPEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
