The High Court dismissed a writ petition filed by a wife alleging her husband's illegal detention by a 4th respondent. The Court found the husband had fled voluntarily after filing complaints against him and securing pre-arrest bail, rejecting the claim of illegal detention.
The prayer for issuance of a writ of habeas corpus was not granted.
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 RAJA VIJAYARAGHAVAN V
&
THEHONOURABLEMR.JUSTICEP.M.MANOJ
MONDAY,THE20THDAYOFMAY2024/30THVAISAKHA,1946
WP(CRL.)NO.307OF2024
PETITIONER:
NIJAM.S
AGED34YEARS
W/O.SALAMANFARISHM.P.,FIDAS,YMRCROAD,CALICUT
ARTSANDSCIENCECOLLEGEPO,KOZHIKODEDISTRICT,PIN-
673018
BYADVS.
BIJU.C.ABRAHAM
THOMASC.ABRAHAM
BASILMATHEW
RESPONDENTS:
1 THE STATE OF KERALAREPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 6950012 THE COMMISSIONER OF POLICE KOZHIKODE CITY, KOZHIKODE DISTRICT, PIN - 6730043 THE STATION HOUSE OFFICERPANNIANKARA POLICE STATION, KOZHIKODE DISTRICT., PIN - 6730034 ROSEMARY NANDHA
AGED45YEARS
BLOCKA1,FLATNO.704,PROVIDENTHARMONY,
CHOKKANAHALLIMAINROAD,SRI.BALAJIKRUPALAYOUT,RK
HEDGENAGAR,BANGALURU,KARNATAKA,PIN-560064
BYADVS.
ADVOCATEGENERALOFFICEKERALA
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SHRI.P.NARAYANAN,SPL.G.P.TODGPANDADDL.P.P.()
SRIPMSHAMEER,GP.
THISWRITPETITION(CRIMINAL)HAVINGCOMEUPFORFINAL
HEARINGON20.05.2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:
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W.P(Crl.) No.307 of 2024
JUDGMENT
Raja Vijayaraghavan, J.
The petitioner is the wife of a certain Salman Farish M.P. She states
that her marriage with the aforesaid Salman was solemnised on 30.01.2022. On the premise that her husband is illegally detained by the
party respondent, who is stated to be a lady with whom her husband is having a relationship, this petition is filed under Article 226 of the Constitution of India seeking the following relief:
was registered against the aforesaid Salman at the instance of the petitioner alleging offences punishable under Sections 342, 323, 506 of the
4
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IPC and under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005. The aforesaid Salman approached the Sessions Court, Kozhikode with an application for pre-arrest bail and the Sessions Court has granted the bail subject to conditions. On the strength of the order passed by the Sessions Court, the aforesaid Salman has appeared before the Panniyankara Police Station and executed a bond. Before the police, he has given a statement that the petitioner herein has lodged multiple complaints before various authorities against the aforesaid Salman and that, it is in the aforesaid circumstances that he is residing away and has been working as a catering employee at Palakkad. It is also stated that the 4th respondent is a close friend of his and that he has no connection with her at the moment.
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which Crimes have been registered against him. He has approached the jurisdictional court and has secured an order of pre arrest bail in a case registered at the instance of the petitioner. In that view of the matter, the contention of the petitioner that her husband is illegally detained by the 4th respondent cannot be accepted. As the husband of the petitioner is staying away on his own accord, the prayer for issuance of a writ of habeas corpus directing the respondents to produce the body of her husband cannot be granted.
This Writ Petition is dismissed.
Sd/- RAJA VIJAYARAGHAVAN V, JUDGE
Sd/- P.M.MANOJ JUDGE
APM/20/5/24
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APPENDIX OF WP(CRL.) 307/2024
PETITIONEREXHIBITS
ExhibitP1ATRUECOPYOFTHECOMPLAINTDATED27/12/2023
SUBMITTEDBYTHEPETITIONERBEFORETHE2ND
RESPONDENT
ExhibitP2TRUECOPYOFTHEOPTICKETDATED09/03/2024
ISSUEDTOTHEPETITIONER
2 issues framed by the court
Whether the prayer for issuance of a writ of habeas corpus directing respondents to produce the petitioner's husband should be granted when he is staying away on his own accord.
Whether the contention that the husband is illegally detained by the 4th respondent can be accepted given prior criminal complaints and bail orders.
NIJAM.S
THE STATE OF KERALA
ROSEMARY NANDHA
RAJA VIJAYARAGHAVAN V
P.M.MANOJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court