IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(Crl.).No. 255 of 2010(S) --------------------------- PETITIONER: --------------- SHIHAB @ SHIHABUDHEEN, AGED 22 YEARS, S/O.SHAMSUDHEEN, KULATHINGALPARAMBIL HOUSE, TANNIPADAM, MANNAM P.O. BY ADV. SRI.PAUL VARGHESE SRI.RAJIV NAMBISAN RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE C.I. OF POLICE, N.PARAVUR. 3. SHEELA VENU, W/O.VENU, AGE NOT KNOWN, KATHANAPARAMBIL HOUSE, TANNIPADAM, MANNAM P.O. BY GOVT. PLEADER MR. K.J.MOHAMMED ANZAR ADV. SRI.MANSOOR.B.H. FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL) NO. 255 OF 2010 ============================ DATED THIS THE 6th DAY OF JULY 2010 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 Nima, a young woman aged about 20 years (date of birth 28/12/1989). She is a student of the B.D.S.course(IInd year). According to the petitioner, he is in love with the alleged detenue and they had decided to live together. From 16/6/2010, the alleged detenue was missing and a crime was registered. Later, she returned to her house. In the meantime, the father of the alleged detenue committed suicide. The alleged detenue also attempted to commit suicide by cutting a vein. It was the allegation of the petitioner that the alleged detenue was being illegally detained by her mother, the third respondent, against WPCRL.255/2010 -2- her will and desire. 2. This petition was filed on 28/6/2010. The same was admitted on 30/6/2010. Notice was ordered to the respondents and the case was posted to this date. Today when the case is called, the petitioner is present along with his counsel. The third respondent is present. She is represented by a counsel. Along with the third respondent, her brother Haridas has also come to court. The alleged detenue has come to court along with the third respondent and Sri Haridas. 3. As the alleged detenue comes along with/in the custody of the third respondent,who is allegedly detaining her, we permitted the alleged detenue to remain alone in the chamber without opportunity for anyone to interact with her. To our specific query, the alleged detenue stated that she does not want to have any interactions with the petitioner. After the lunch recess, we interacted with the alleged detenueu alone initially and later in the presence of the third respondent and her brother. Subsequently, we had interactions with the alleged detenue in the presence of the petitioner. 4. Learned counsel for the petitioner, learned counsel for the third respondent as also the learned Government Pleader WPCRL.255/2010 -3- were also present. 5. The alleged detenue states that she is undergoing psychiatric treatment as an inpatient at the Lourde Hospital. This is confirmed by the third respondent and her brother. The alleged detenue gave cogent, rational and reasonable answers to our questions, though she appeared to be under great mental strain. She stated that she is not under any illegal confinement or detention. She is undergoing treatment. She is along with her mother. She does not want to go with the petitioner. According to the alleged detenue, the petitioner is known to her for a long period of time. But there has been no relationship as a lover with the petitioner. He is a neighbour of the alleged detenue. To our specific query in the presence of the petitioner, she asserted that she does not want to go with the petitioner and wants to return along with her mother, the third respondent. 6. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal confinement or detention. We are satisfied that the alleged detenue is not under confinement or detention. She is now with her mother, she having lost her father after 16/6/2010, the date on which she was allegedly WPCRL.255/2010 -4- missing. The alleged detenue evidently appears to be under great mental strain. She is undergoing psychiatric treatment, it is further stated. At any rate, we are satisfied that she is not under any illegal confinement or detention. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. 7. In the result, a)this writ petition is dismissed. b)The alleged detenue Nima is permitted to leave the court along with her mother, the third respondent as desired by her. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks. WPCRL.255/2010 -5-