IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(Crl.).No. 9 of 2010(S) ------------------------- PETITIONER: --------------- S.ABDUL MAJEED, S/O.S.MOIDEEN, AGED 44 YEARS, BUSINESS, RESIDING AT 'FATHIMAS', THURUTHI ROAD, CHUNGAM, PAPPINISSERY, KANNUR TALUK BY ADV. SRI.V.RAMKUMAR NAMBIAR RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, KANNUR. 2. THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, KANNUR. 3. THE SUB INSPECTOR OF POLICE, KANNAPURAM POLICE STATION, KANNUR. 4. M.SHAREEF, S/O.N.P.MUSTHAFFA, AGED 26 YEARS, MALLAYAN HOUSE, THURUTHI ROAD, CHUNGAM, PAPPINISSERY, KANNUR TALUK. 5. M.NAZAR, S/O.N.P.MUSTHAFFA, AGED 28 YEARS, MALLAYAN HOUSE, THURUTHI ROAD, CHUNGAM, PAPPINISSERY, KANNUR TALUK. 6. N.P.RASHEED, S/O.N.P.ASHRAFF, AGED 26 YEARS, VALIYAKATH HOUSE, MARKET ROAD, VALAPATTANAM, KANNUR DISTRICT. GOVERNMENT PLEADER SRI.P.N.SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl) No.9 of 2010 ------------------------------------- Dated this the 13th day of January 2009 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his son Sajeer, a young man, aged above 20 years. The alleged detenu Sajeer, is born on 02.02.1989. The alleged detenu was missing from 18.12.2009. A complaint was filed before the police. The alleged detenu was not traced. It is the apprehension of the petitioner that his son, the alleged detenu, is being detained illegally by respondent Nos.4 to 6. Respondent Nos.4 and 5 are the brothers of one M.Sahira, with whom, the petitioner's son is allegedly in love. It is the case of the petitioner that the said Sahira, is already married to another person and has returned to her house. Respondent Nos.4 and 5 and the petitioner are neighbours. As the petitioner's son could not be traced, he came to this Court with this petition on 07.01.2010. 2. Notice was ordered to respondent Nos.4 to 6 on 08.01.2010. As the regular Bench dealing with the matter is not sitting today, the file has been sent to this Court. W.P(Crl) No.9 of 2010 2 3. Today when the case is called, the petitioner is present. He is represented by his counsel. Respondent Nos.4 to 6 are present. The alleged detenu has also come to Court along with respondent Nos.4 and 5. The said Sahira and her father have also come to Court. The petitioner claimed an opportunity and we permitted the petitioner to interact with his son, the alleged detenu. 4. After lunch recess, we interacted with the alleged detenu in the Chamber. Initially we interacted with him alone. Later we interacted with him in the presence of the petitioner. Subsequently we interacted with him in the presence of M.Sahira and her father. Their counsel and the learned G.P were also present. 5. The alleged detenu, after he was granted a long time to interact with the petitioner, stated before us categorically that he is not under any illegal detention or confinement of respondent Nos.4 to 6. But he asserted categorically that he wants to get married to Sahira. Sahira and her father are agreeable for the marriage. But they state that an earlier marriage of Sahira with one Shameem is now in force. According to them, arrangements are all made to get the said marriage dissolved by pronouncement of talaq. W.P(Crl) No.9 of 2010 3 6. In the Chamber, there was initially the talk of a possible harmonious settlement of the disputes. The parties and their counsel were given time to interact with each other and report such settlement if any before Court. Later they submitted before us that no settlement has been reached. The alleged detenu, the said Sahira and her father submit that marriage shall be performed only in accordance with law after Sahira gets legal divorce and the alleged detenu attains the age of 21 years. 7. In a petition for issue of a writ of habeas corpus, this Court is primarily concerned with the question whether there is any illegal detention or confinement of the alleged detenu. The alleged detenu Sajeer has stated categorically before us that he is not under illegal detention or confinement of any one. He is absolutely at liberty, he states. But he does not want to go along with his father. 8. We are, in these circumstances, satisfied that inasmuch as there is no element of illegal confinement or detention of the alleged detenu Sajeer, this petition for issue of writ of habeas corpus can be dismissed. No further directions appear to be necessary. W.P(Crl) No.9 of 2010 4 9. This Writ Petition is, in these circumstances, dismissed. The alleged detenu Sajeer is permitted to leave the Court and pursue whatever course he wants to as a free person. He opts to return not with his father the petitioner, but with respondents 4 to 6 and the said Sahira and her father. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-