IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(Crl.).No. 503 of 2010(S) --------------------------- PETITIONER: --------------- FAZIL BAPPU,AGED 25 YEARS, S/O.P.BAPPU,PUTHIYA VEETTIL NAKKOLAKKAL HOUSE, PUNNAYUR.P.O,THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, } THRISSUR POLICE STATION. } XXXX } 2. CIRCLE INSPECTOR OF POLICE, } THRISSUR POLICE STATION. } 3. SUPERINTENDENT OF POLICE, PALAKKAD. 4. KESAVANKUTTY,"THEERTHAM",CHERUBALA, NEAR V.G.H.S,ANICODE,CHITTUR.P.O,PALAKKAD. XXX - NAME OF R1 & R2 IS CORRECTED AS FOLLOWS: R1 SUB INSPECTOR OF POLICE CHITTOR POLICE STATION, CHITTOOR R2 CIRCLE INSPECTOR OF POLICE CHITTOOR POLICE STATION ---- AS PER ORDER DT.23.12.2010 IN I.A. NO. 17825 OF 2010. GOVERNMENT PLEADER, SHRI P K BABU FOR R1-3 ADV. SRI.NIREESH MATHEW FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (Crl.) No. 503 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February 2011 JUDGMENT Joseph J., The petitioner has approached this Court with a prayer to issue a writ in the nature of habeas corpus directing the 1st respondent to produce the detenue - Archana Kesavan. 2. Briefly put the case of the petitioner is as follows. The petitioner and detenue completed their M.B.A. programme from University of Calicut in the year 2009. The petitioner and the detenue fell in love. The fourth respondent, who is the father of the alleged detenue came to know about the affair and detained her. It is stated that the detenue had once contacted the petitioner over phone during her house arrest and had clearly stated that she has been detained against her wishes and that if she is given in marriage to any other person she will commit suicide. She is not even W.P. (Crl.) No. 503 of 2010 :2: permitted to attend the Ph.D course. 2. We take note of the interim order dated 3.1.2011 passed by this Court. Therein it is inter alia recorded as follows: “(i) The alleged detenue would say that she is not under the illegal detention by her parents. The alleged detenue would say that she is in love with the petitioner. However she would say that she is not being permitted to pursue her studies. She would also submit that she is desirous of continuing her studies. (ii) We would think that it is more appropriate that this case is not immediately disposed of. The fourth respondent would state that neither he nor his wife will not stand in the way of the alleged detenue pursuing her studies. He would also submit that he is prepared to extend necessary financial support for continuing her education. We record this submission and we direct that the case be called on 16.2.2011. The alleged detenue is permitted to go with her parents subject to the undertaking of the 4th respondent which we have recorded above. The alleged detenue submits that she will be present before this Court on the next date of posting.” W.P. (Crl.) No. 503 of 2010 :3: 3. In terms of the assurance of the alleged detenue, the detenue was present before this Court today. We interacted with her and she is now being permitted to pursue her studies. She would reiterate that there is no illegal detention. 4. In such circumstances, we take note of the interim order dated 3.1.2011 containing the stand of the fourth respondent that neither he nor his wife will not stand in the way of the alleged detenue pursuing the studies of the alleged detenue. We also take note of the fact that the alleged detenue is pursuing her studies and close the Writ Petition. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/