IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(Crl.).No. 462 of 2010(S) --------------------------- PETITIONER: --------------- BINU, AGED 35 YEARS, S/O.UTHAMAN, INDU BHAVAN, MEENADU EAST, CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM-691001. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM-691572. 3. YOHANNAN, KUNNUVILA, ULIYANADU, KARAMCODE P.O., CHATHANNOOR, KOLLAM-691579. 4. ELSY, KUNNUVILA, ULIYANADU, KARAMCODE P.O., CHATHANNOOR, KOLLAM-691579. 5. BABY, POLICE CONSTABLE, CHATHANNOOR POLICE STATIN, KOLLAM DISTRICT RESIDING AT KUNNUVILA, ULIYANADU, KARAMCODE P.O., CHATHANNOOR, KOLLAM-691579. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR ADV. SRI.S.RAJEEV FOR R3-5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.462 of 2010 ***************************** Dated this the 22nd day of December, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier order dated 13.12.2010 passed by us. 2. Today when the case is called in the Chamber at 1.45 pm, the petitioner is not present. When the matter was called in Court at 10.15 a.m, the petitioner was represented. We have heard the counsel. 3. We have already adverted to facts in detail in the order dated 03.12.2010. The alleged detenue is a minor girl, aged above 17 years (date of birth - 30.05.1993). Last time when we interacted with her, we found her to be in absolute confusion and turmoil. It is hence that we wanted her to come to us again today and give her response. 4. The alleged detenue states before us categorically that she does not want to go with the petitioner. She is not under any illegal detention or confinement. She is living with her parents - her legal guardians. She wants to return along with her parents, she asserts. W.P(Crl) No.462 of 2010 2 5. The alleged detenue stated before us clearly that she does not want to join any religious order as a nun. Even though it was agreed last time that she will resume her studies (Teachers Training Course), she now informs us that she was not able to continue to attend such course for personal reasons. She shall resume such course later, she submits. 6. The 3rd respondent, the father of the alleged detenue has filed an affidavit of undertaking that the alleged detenue shall not be compelled to join any religious order as a nun. She shall also not be compelled to marry against her wishes. He has further undertaken that he shall provide all necessary assistance for her to continue her studies. 7. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under the illegal detention or confinement of any person. We are satisfied, in the facts and circumstances of this case, that the alleged detenue, the minor daughter of respondents 3 & 4, is not under the illegal confinement or detention of any person. She is under the protective custody of her parents - her legal guardians. The alleged detenue wants to go and her parents are willing to take her along with them. We W.P(Crl) No.462 of 2010 3 are satisfied, in these circumstances, that this Writ Petition can now be dismissed. 8. In the result: a) This Writ Petition is dismissed; b) The alleged detenue Jincy is permitted to leave the Court along with her parents, ie. respondents 3 and 4, as desired by her; c) We accept the undertaking of respondent No.3 that till the alleged detenue attains the age of 21 years, she shall not be permitted to join any monastery as a nun nor shall she be given away in marriage to anyone against her wishes. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl) No.462 of 2010 4 R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.462 of 2010 5 W.P(Crl) No.462 of 2010 ***************************** Dated this the 26th day of November, 2010 ORDER BASANT, J. Heard the learned counsel for the petitioner. Perused the records. We do not prima facie find any material which can instill in us a satisfaction that the alleged detenue is under illegal confinement and detention or that she is being compelled to join as a Nun against her wishes. In these circumstances, we do not issue a writ of habeas corpus straight away. We direct that notice be issued to respondents 2 to 5. The learned counsel for the petitioner prays and is accordingly permitted to take out notice to respondents 2 to 5 by special messenger. 2. The learned Government Pleader takes notice for the 1st respondent. Verify service and call on 03.12.2010. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl) No.462 of 2010 6