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 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(Crl.).No. 182 of 2008(S) --------------------------- PETITIONER: ------------ FABIN D'CRUZ, AGED 29 YEARS, W/O NEVAL D'CRUZ, RESIDING AT MANNEZHUTHUPRAMBU, M.A. MATHEW ROAD, PERUMPADAPPU, KOCHI - 682 006 BY ADV. SRI.JIMMY GEORGE (VATTATHARA) RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, MOOTHAKUNNAM POLICE STATION, PARAVOOR, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, NORTH PARAVOOR POLICE STATION, PARAVOOR, ERNAKULAM 3. ALIKUNJU A.A., AGED 57 YEARS, RESIDING AT EDATHOTTIL HOUSE, PARAVOORTHARA, MANNAM P.O., ERNAKULAM. R1 & R2 BY G.P. SMT. M.K. PUSHPALATHA BY ADV. SRI.K.A.JALEEL FOR R.3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 09/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.Raman & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 182 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of June, 2008. JUDGMENT Raman, J. The petitioner avers that he is in love with one Nisha and she is kept under illegal custody by her father who is the third respondent herein. He had approached this court for issuance of a writ of habeas corpus to produce the alleged detenue and to free her. 2. Pursuant to the notice issued, the alleged detenue appeared before us and we interacted with her. She stated that she is a major and is now undergoing T.T.C. Course. She would like to be a teacher. She submitted that she knew the petitioner and the relationship started when the petitioner called her through mobile phone. Though at that time the alleged detenue did not respond, subsequently they developed some intimacy. However, she realised the mistake and now she submits that she wants to go along with her parents. She also stated that she was not under illegal custody of her parents. Since the alleged detenue is a major who is aged 22 years and in view of her statement made before us, we do not find that this is a fit case W.P.Crl.182/2008 2 for issuance of a writ of habeas corpus. The alleged detenue is allowed to go with her parents. The writ petition is closed. ( P.R.Raman, Judge.) (T.R. Ramachandran Nair, Judge.) kav/