IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(Crl.).No. 562 of 2011(S) -------------------------------------- PETITIONER: --------------- NADEERA.E., AGED 42 YEARS, W/O.RAHIM, "NELIATH", PAYIKUZHI, OACHIRA P.O., KOLLAM - 690526. BY ADV. SRI.B.HARISH KUMAR RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM 695010. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF HE SUPERINTENDENT OF POLICE, KOLLAM 691001. 4. THE SUB INSPECTOR OF POLICE, OACHIRA POLICE STATION, OACHIRA - 690526. 5. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA - 689641. 6. ASEEM, 'ANAZ MANZIL, ENADIMANGALAM MAROOR P.O., ADOOR, PATHANAMTHITTA - 691524. 7. HASEENA BEEVI, "HASEENA MANZIL", LAKSHAM VEEDU COLONY, EDATHARA, PATHIRAKKAL, PATHANAPURAM, NOW RESIDING AT 'ANAZ MANZIL', ENADIMANGALAM, MAROOR P.O., ADOOR, PATHANAMTHITTA - 691524. 8. KAWLATH, 'ANAZ MANZIL', ENADIMANGALAM, MAROOR P.O., ADOOR, PATHANAMTHITTA - 691524. R1 TO R5 BY SENIOR GOVT.PLEADER SRI.R. PADMARAJ R6, R7 & R8 BY ADV. SRI.MANOJ RAMASWAMY THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPCR NO. 562 OF 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P-1 A TRUE COPY OF THE WRITTEN COMPLAINT SUBMITTED BY THE PETITIONER'S RELATIVE DATED 22-11-2011 BEFORE THE FOURTH RESPONDENT. EXT.P-2 A TRUE COPY OF THE COMPLAINT DATED 28-11-11 SUBMITTED BY THE SIXTH RESPONDENT'S WIFE BEFORE THE SUB INSPECTOR OF POLICE, PATHANAPURAM. RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.562 of 2011 ---------------------------------------- Dated this the 13th day of December, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner says that her daughter Shereena R is illegally detained by respondent No.6. The alleged detenue and the 6th respondent are present. We interacted with the petitioner, the alleged detenue and the 6th respondent. Shereena tells us candidly that she knew that the 6th respondent is a married man and has three children. She also tells us about the matrimonial discord among that couple. She says that she is not under illegal detention and she is on her own free will with the 6th respondent. The petitioner says that earlier, Shereena was married while 19 years and that marriage ended up in a divorce. We are of the view that Shereena is a well oriented person and is speaking out of her own will. We are clear in our mind that she has taken a decision to be with the 6th respondent on her own. With this, we do not find that the alleged detenue Shereena is under illegal WP(Crl).No.562/2011 2 detention. We, therefore, find no ground to issue any direction as sought for in this writ petition. The writ petition is accordingly dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/13.12