IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(Crl.).No. 27 of 2009(S) PETITIONER(S): PRAJIL K.V., AGED 25 ,S/O. K.P. VELAYUDHAN, KOZHIPURATHU HOUSE, KAVEED P.O., KOTTAPPADY VIA, GURUVAYUR, THRISSUR DIST. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): 1. THE STATE OF KERALA, REP. BY THE HOME SECRETARY, GOVT. SECRETARIAT, TIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, AYYANTHOLE, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION, AYYANTHOLE, THRISSUR. 4. THE SUB INSPECTOR OF POLICE, THRISSUR, WEST POLICE STATION, AYYANTHOLE, THRISSUR. 5. T.NARAYANAN, KARANATH HOUSE, OLARIKKARA, PULLAZHY P.O., THRISSUR DIST. 6. MANOHARI, W/O. T. NARAYANAN, KARANATH HOUSE, OLARIKKARA, PULLAZHY P.O., THRISSUR DISTRICT. 7. VIJAYAN, BROTHER OF MANOHARI, KARANATH HOUSE, OLARIKKARA, PULLAZHY P.O., THRISSUR DISTRICT. ADVS. SRI.P.VIJAYA BHANU FOR R5-7 SRI.P.VENUGOPAL (1086/92) FOR R5-7 PUBLIC PROSECUTOR SRI. S.U. NAZAR R1 TO R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: A true copy of the photographs of marriage of the petitioner. Ext.P2: A true copy of the certificate of marriage issued by the local Registrar, under the Govt. of Kerala dated 25.11.2008. Ext.P3: A true copy of the affidavit of the detenu filed before the the police dated 24/11/2008. Ext.P4: A true copy of the complaint filed by the petitioner before the 4th respondent dated 19.1.2009. Ext.P5: A true copy of the First Information Report in a Crime 45/2009 of the Town West Police Station, Thrissur. Ext.P6: A true copy of the lawyer notice served on the detenu in the address of the petitioner dated 1/12/2008. Ext.P7: A true copy of the reply notice given by the petitioner's wife dated 19/12/2008. RESPONDENTS' EXHIBITS: NIL. A.K. BASHEER & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(Crl.) No.27 OF 2009 --------------------------------------------------------- Dated this the 11th day of February, 2009 JUDGMENT Basheer, J. Ms. Deepthy, daughter of respondents 5 and 6, is present in Court along with her parents. She stated before us that she is not under illegal detention as alleged by the petitioner. She further asserted that she wants to go with her parents. In other words, she does not intend to go with the petitioner. 2. We have carefully perused the pleadings of the parties and considered the entire materials available on record. The petitioner and Ms.Deepthy are studying in the same college. Both of them are eager to complete their course. We have interacted with the parents of the petitioner as well as Ms. Deepthy. The agony and angst are writ large on their faces. Any how, they have to face the pang that is left behind after this unfortunate episode. These two youngsters will have to carry on. In the nature of the scenario, as unfolded in this case, we leave the validity or otherwise of the marriage and other aspects involved in the issue open. It will be left to the parties to work out the remedies, if they are so advised, in accordance with law. W.P.(Crl.) NO.27/2009 2 3. It is brought to our notice that some of the personal belongings of Ms. Deepthy are available with the petitioner who very fairly stated before us that he had not detained any of them. In fact, Ms. Deepthy had left them in his custody while she left. He is prepared to hand over all those movables in tact, if so directed. 4. Having regard to the entire facts and circumstances, the petitioner is directed to hand over all the movables belonging to Ms. Deepthy to the Circle Inspector of Police, Town West Police Station, Thrissur by 10 a.m. on February 12, 2009. Ms.Deepthy and her father, respondent No.5 herein shall also be present before the officer by 10 a.m. tomorrow. The personal belongings that are handed over by the petitioner shall be received by the officer without any further enquiry and hand them over to Ms. Deepthy and her father tomorrow itself. Since Ms. Deepthy expressed her intention to go with her parents, we make it clear that it will be open to her to do so. The Writ Petition is closed. (A.K. BASHEER) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(Crl.) NO.27/2009 3 A.K. BASHEER & C.T. RAVIKUMAR, JJ. W.P.(Crl.) No.27/2009 JUDGMENT 11th February, 2009 W.P.(Crl.) NO.27/2009 4