IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(Crl.).No. 171 of 2011(S) --------------------------- PETITIONER: --------------- SUSANNA.K, D/O. JOSEPH.K.M, KALLEN HOUSE, NEAR RAILWAY STATION, PAZHAYANGADI RAILWAY STATION.P.O, KANNUR DISTRICT. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENTS: --------------- 1. COMMISSIONER OF POLICE, KOZHIKODE 673001. 2. SUB INSPECTOR OF POLICE, CHEMMANGANAM POLICE STATION, KOZHIKODE DISTRICT - 673008. 3. SUB INSPECTOR OF POLICE, PAZHAYANGADKI POLICE STATION, KANNUR DISTRICT - 673 101. 4. DR. KUHAHAMMAD KOYA, THARBIATHUL ISLAM SABHA, P.I ROAD, MUKHADAR, KALLAI.P.O, KOZHIKODE - 673 003. 5. ABDULLA KOYA, THARBIATHUL ISLAM SABHA, P.I. ROAD,MUKHADAR, KALLAI.P.O, KOZHIKODE - 673 003. GOVERNMENT PLEADER SHRI C M KAMAPPU FOR R1 TO R3 SHRI SHIRAJ ADBULLA M.S. FOR R4 AND R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 171 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2011 JUDGMENT Joseph J., The petitioner is the mother of the alleged detenue. The complaint of the petitioner is that her daughter is illegally detained by respondents 4 and 5. 2. Briefly put the case of the petitioner is as follows. The petitioner is a Christian and the allegation is that her daughter is being detained by respondents 4 and 5 and they are taking hasty steps to conduct marriage of the detenue against her will and wish. The petitioner has inter alia stated that the petitioner's daughter is residing in an institution called 'Tharbiathul Islam Sabha' at Kozhikode. The daughter of the petitioner was produced before the JFCM Court, Payyannur on 18.1.2011. According to the petitioner, her daughter stated that she had gone to the aforesaid institution as W.P.(Crl.) No. 171 of 2011 S :2: per her free will and she had to reside there for 65 days in order to attend the classes for effecting her conversion to Islam religion. The alleged detenue had telephonic conversation with the petitioner's brother, wherein she stated that her marriage will be conducted by respondents 4 and 5.. 3. Today the alleged detenue was present. The alleged detenue would submit that she went on her own and that she is an adherent of Islam. She would further deny the allegation that she is in illegal detention of respondents 4 and 5. Further, she would say that she married one Suhaib on 11.3.2011 at Kozhikode. Shri. Suhail was also present. He says that he married the alleged detenue on 11.3.2011. The petitioner was not present. 4. Learned counsel for the petitioner prayed that the matter may be posted to another date so that the petitioner may come and meet her daughter. The alleged detenue is coming from Kozhikode. So we directed the alleged detenue to contact her mother over phone and we called the case thereafter. The alleged detenue stated that she contacted her mother over phone and she would further say W.P.(Crl.) No. 171 of 2011 S :3: that she has no difficulty in going and meeting her mother. Her mother is an Anganavadi teacher. Shri. Suhaib also submits that he has no objection in the alleged detenue going and meeting her mother. 5. Having regard to all these facts, we see no reason why we should allow the petitioner to proceed with the petition. The Writ Petition is closed. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/