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 16TH JUNE 2008 / 26TH JYAISHTA 1930 WP(Crl.).No. 193 OF 2008(S) --------------------------- PETITIONER: DR.C.KANNAN, AGED 56 YEARS, RETIRED GOVERNMENT COLLEGE PRINCIPAL, S/O.LATE P.POKKAN, RESIDING AT "THIRUVATHIRA", KALANAD VILLAGE, KASARAGOD TALUK, KASARAGOD DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT, KASARAGOD. 2. THE CIRCLE INSPECTOR OF POLICE, HOSDURG, KASARAGOD DISTRICT. 3. THE SUB INSPECTOR OF POLICE, BACKEL POLICE STATION, BACKEL, KASARAGOD DISTRICT. 4. MOHAMMED ASHRAF, S/O.A.V.ABDULLA, UDUMA PADINJARU, UDUMA P.O., HOSDURG TALUK, KASARAGOD DISTRICT. 5. MR.NAZIR, S/O.MOHAMMED KUNJI, UDUMA PADINJARU, UDUMA P.O., HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.SUNNY MATHEW FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/06/2008, THE COURT ON THE SAME DELIVERED THE FOLLOWING: WP(CRL.) 193/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE MARRIAGE INVITATION SCHEDULED TO BE SOLEMNIZED ON 1.6.2008 AT SAGAR AUDITORIUM, PALAKUNNU, UDUMA. RESPONDENTS' EXHIBITS: ANNEXURE: A TRUE COPY OF THE DEED OF MARRIAGE AGREEMENT ENTERED INTO BETWEEN NIMITHA AND THE 4TH RESPONDENT. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.193 OF 2008 -------------------------------- Dated this the 16th day of June, 2008 JUDGMENT Raman,J. The above case is filed by the father alleging that his daughter is kidnapped by the 4th respondent and the 5th respondent who is arrayed as a party, has aided the 4th respondent in kidnapping her. When the matter came up for admission on10/6/2008 we have directed the police officials that the whereabouts of the alleged detenue be found out and after interacting with her a statement shall be filed before this Court and in case based on such enquiry it is found that the girl has been kidnapped or taken away against her consent, she will be produced before this Court and posted the case on 20/6/2008. However, the 4th respondent appeared through counsel and the learned Counsel Sri Sunny Mathew made a representation before us that the girl be permitted to produce before this Court today. We advanced the case after giving notice to the counsel appearing for the petitioner. The alleged detenue was produced before us. We interacted with her and she stated that on the date of fixation of her marriage, namely, -2- WP(Crl).No.193/2008 1/6/2008 she ran away from the house with the 4th respondent. She has completed her post graduate course in M.A. English Literature. She is aged 23 years. According to her, she fell in love with the 4th respondent. They together went to Mangalore and stayed in a hotel by name "Hotel Pentagon" and on the next day they came to Calicut and registered an agreement before the Sub Registrar's Office agreeing to marry and notice is also given under the Special Marriages Act. But they are waiting for the expiry of 30 days period for registering their marriage. She admitted that her love affair with the 4th respondent was not disclosed to her parents before fixation of the marriage. Petitioner, who is the father, is not present today. 2. In the facts and circumstances, we direct the alleged detenue to appear before the Judicial First Class Magistrate's Court-II, Hosdurg, since the case is registered in the Bakel Police Station and it comes within the jurisdiction of the aforesaid court. She shall surrender before the Judicial First Class Magistrate's Court on 18/6/2008 and thereafter the Magistrate shall pass appropriate orders. The Circle Inspector of Police attached to the Bakel Police Station shall see that no law and order situation is created and give necessary protection to enable the alleged -3- WP(Crl).No.193/2008 detenue to appear before the the Magistrate's Court on that day. Petitioner may be given notice of the above fact and he can also appear before the Magistrates' Court on the same day, if he is so advised. Issue copy of this judgment to the Government pleader free of cost and also the respect counsel appearing for the parties on usual terms. Writ Petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.