IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(Crl.).No. 554 of 2009(S) ------------------------------------- PETITIONER(S): ---------------------- DILEEP KUMAR.V.R, S/O.RAJAN,VELLAROTTIL HOUSE,KURUMAL.P.O, VELOOR VILLAGE,THALAPPILLI TALUK. BY ADV. SRI.C.HARIKUMAR SMT.MOLLY KOSHY RESPONDENT(S): ------------------------- 1. GOPINATH,PAREKKATTIL HOUSE(GOKULAM), THALAKOTTUKARA,VELOOR VILLAGE. 2. STATE OF KERALA,REPRESENTED BY SUPERINTENDENT OF POLICE,THRISSUR. R1 BY ADV. SRI.K.PRAVEEN KUMAR R2 BY GOVERNMENT PLEADER SRI.P.N.SUKUMARAN. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 554 of 2009(S) APPENDIX: PETITIONER'S EXHIBITS: NIL RESPONDENT'S EXHIBITS: EXT.R1A. TRUE COPY OF THE SSLC CERTIFICATE OF THE PETITIONER'S DAUGHTER. EXT.R1B. TRUE COPY OF THE LETTER SENT BY THE IST RESPONDENT DATED 13.12.2009. EXT.R1C..TRUE COPY OF THE COMPLAINT FILED BY THE IST RESPONDENT'S SON DATED 17.12.2009. EXT.R1D..TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE IST RESPONDENT'S DAUGHTER. EXT.R1E..TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER. TRUE COPY P.A.TO JUDGE. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No.554 of 2009-S ---------------------------------------------- Dated, this the 25th day of January, 2010 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is as follows:-- “i. to issue a writ in the nature of Habeas Corpus or any other appropriate writ, order or direction to the respondent to produce the body of Sruthi aged 18 years, daughter of Gopinath residing at Parekattil House, (Gokulam), Thalakkottukara, Veloor Village, before this Hon'ble Court.” 2. According to the petitioner, he and one Sruthi were in love for three years and they had decided to get married by December, 2009 after the conclusion of examinations of Sruthi. He submits that there is illegal detention of Sruthi. 3. A counter affidavit had been filed by the Ist respondent in the matter. More importantly, an affidavit has been filed by the alleged detenu herself produced as Ext.R1 (E). In the said affidavit, inter alia it is stated that she is W.P.(Crl.) 554/2009 -2- studying in her own and that she is not under illegal custody of any one. The affidavit is attested before the Consulate General of India, Dubai. In the light of the above, we do not see any reason to permit the petitioner to pursue the writ petition and accordingly it is dismissed. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS