IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(Crl.).No. 517 of 2009(S) -------------------------------------- PETITIONER(S): ---------------------- ALPHONSA, D/O.SELVI, AGED 41 YEARS, T.C.NO.71/641, PANAMOOTTUVILAKAM, VELANKANNY JUNCTION, VALIYATHURA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE, (LAW & ORDER), POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR POLICE, VALIYATHURA POLICE STATION. 3. CIRCLE INSPECTOR OF POLICE, POONTHURA POLICE STATION. 4. NAZEEMA, W/O.ASHRAF, MATHIL NO.5335, GYM MUDUKU, PAYATTIKUPPAM, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PELADER SRI.P.N.SUKUMARAN. R4 BY ADV. SRI.B.S.SURESH (CHIRAKKARA) THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 517 of 2009 APPENDIX: PETITIONER'S EXHIBITS: EXT.P1..TRUE COPY OF THE SSLC CERTIFICATE OF THE DETENUE. EXT.P2..TRUE COPY OF THE FIR IN CRIME NO.424/2009 OF VALIYATHURA POLICE STATION. K.M.JOSEPH & P.Q.BARKATH ALI, JJ. ------------------------------------------------------ W.P.(Crl.) No.517 of 2009-S ---------------------------------------------- Dated, this the 12th day of January, 2010 J U D G M E N T K.M.Joseph, J. In this writ petition the prayer of the petitioner is for a writ of habeas corpus directing respondents 1 to 3 to produce the detenu before this Court. Briefly put the case of the petitioner is as follows:-- Petitioner is the mother of one Anu Aju.A, a plus two student. According to the petitioner, her son was enticed by Fejina, who is his class mate and the daughter of 4th respondent. The further case of the petitioner is that the marriage of her elder daughter was fixed and the money of Rs.5,50,000/- and 17 sovereigns of gold arranged was kept in the house. 2. We heard the learned counsel for the petitioner, learned counsel for the 4th respondent besides the learned Government Pleader on behalf of respondents 1 to 3. Respondents 1 to 3 were able to trace out the alleged detenue. We interacted with the detenue and also the petitioner. The alleged detenue would submit that he is not W.P.(Crl.) No.517 of 2009 -2- under any illegal detention. The petitioner would state that she is prepared to accept her son and Fejina. Learned Government Pleader would submit before us that Fejina, the daughter of the 4th respondent has been found to be pregnant on medical examination. We also interacted with Fejina who was also produced before us by the police. We also interacted with the 4th respondent and her husband. We do not think that there is any case of illegal detention as it would appear that the alleged detenu went away on his own with Fejina and they are residing together. The alleged detenu and Fejina would state before us that they will get married when their age permits. In the above circumstances we close the writ petition. (K.M.JOSEPH) JUDGE. (P.Q.BARKATH ALI) JUDGE. MS