IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(Crl.).No. 261 of 2008(S) --------------------------- PETITIONER: ----------------- SAJI, AGED 26, S/O.BABU, GATEGEL VEEDU, KOOTTAPPU, AMBOORI P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMEN OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, MALAPPURAM. 4. THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION, THIRUR. 5. THE SUB INSPECTOR OF POLICE VELLARADA POLICE STATION, VELLARADA. 6. BEERANKUTTY, MANNADI HOUSE, VETTAM, THIRUR-2. 7. VAHAB, S/O.BEERANKUTTY, RESIDING AT DO DO. R1 TO R5 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL)No.261/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MARRIAGE DEED DATED 20/6/2008. EXT.P2 TRUE COPY OF PHOTOGRAPHS. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.261 OF 2008 -------------------------------- Dated this the 11th day of August,2008 JUDGMENT Raman,J. This writ petition is filed for issuance of a writ of habeas corpus directing respondents to produce the corups of Jaseela before this Court. According to him, he came into contact with Jaseela, daughter of the 6th respondent and the sister of the 7th respondent about 1 ½ years back. Both of them fell in love with each other and decided to get married. Ext.P1 is a marriage deed produced in this case. It is stated that they started living together as husband and wife. At that time, on 8/7/2008 Police Constables attached to Vellarada Police Station purported to be from Tirur Police Station accompanied with respondents 6 and 7 came to the house of the petitioner and forcibly took up Jaseela without her consent. Based on the allegations so made, we asked the learned Government Pleader to get instruction as to whether police had -2- WP(Crl).No.261/2008 taken the girl, Jaseela from the house of the petitioner and if so, whether she was produced before any Magistrate's Court. 2. The learned Government Pleader appearing on behalf of the State submitted that the girl was produced before the Magistrate's Court, Tirur on 8/7/2008 and she was allowed to go along with her parents. Certified copy of the statement recorded by the Magistrate is also produced. As per the statement, the girl submitted before the Magistrate's Court that she wants to go along with her father. If so, the custody of the girl with the father cannot be said to be illegal. If the petitioner is aggrieved by any order passed by the Magistrate, he can work out his remedy. Without prejudice to such right of the petitioner, this writ petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.