IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(Crl.).No. 2 of 2011(S) --------------------------------- PETITIONER(S): ---------------------- 1. O.PRABHAKARAN NAIR, AGED 65 YEARS, S/O.NARAYANAN NAIR, T.P.KUMARAN NAIR ROAD, CHOVAYOOR, KOZHIKODE. 2. YAISANA AGED 16 YEARS, D/O. SINDHU, T.P.KUMARAN NAIR, RAOD, CHOVAYOOR, KOZHIKODE, REP.BY HER GRAND FATHER O.PRABHAKARAN NAIR AGED 65 YEARS, S/O.NARAYANAN NAIR, T.P.KUMARAN NAIR ROAD, CHOVAYOOR, KOZHIKODE. BY ADV. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): ------------------------ 1. SUPERINTENDENT OF POLICE, KOZHIKODE DISTRICT, KOZHIKODE - 673001. 2. THE CIRCLE INSEPCTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE, KOZHIKODE - 673008. 3. THE SUB INSEPCTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, MEDICAL COLLEGE, KOZHIKODE - 673008. 4. SORAMPOTENDRO, C/O.AMARSINGH, KOCHUPURACKAL HSE, 11/338 B, VIA.THIRUVAMBADY, KOCHUPARACKAL HOUSE, P.O.ANACKAMPOYIL- 673603. 5. AMARSINGH, KOCHUPURACKAL HSE, 11/338/B, VIA, THIRUVAMBADY, KOCHUPURACKAL HOUSE, P.O.ANACKAMPOYIL-673603. 6. MINI, AMARSINGH, KOCHUPURACKAL HOUSE, 11/338 B, VIA.THIRUVAMBADY,KOCHUPURACKAL HOUSE, P.O.ANACKAMPOYIL 673603. ADV. SRI.P.V.KUNHIKRISHNAN FOR R5-6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl) No.2 of 2011 ---------------------------------------------- Dated, this the 24th day of January, 2011 J U D G M E N T K.M.Joseph, J. Petitioners have approached this Court for issue of a writ of Habeas Corpus directing production of Smt.Sindu, aged 35 years who is first petitioner's daughter and mother of the 2nd petitioner. The marriage between the alleged detenu and the 4th respondent took place on 2.2.1994. The 5th respondent is the brother of the 4th respondent. The 6th respondent is the wife of the 5th respondent. 2. We interacted with the alleged detenu Smt.Sindu. We also interacted with the Ist petitioner and the 4th respondent. We heard the learned counsel for the parties also. After interacting with the alleged detenu we are of the opinion that it cannot be said that there is any illegal detention. There is no dispute that there is a valid marriage between the detenu and the 4th respondent. In fact, two children are born of which the 2nd petitioner is the elder one. The alleged detenu would say that she is at present leading a happy married life with her husband, the 4th respondent and she would like to continue with him. In such circumstances, we close this Writ Petition (Criminal). (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS