IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929 WP(Crl.).No. 254 of 2007(S) --------------------------- PETITIONER: ------------ AJMAL KHAN,AGED 22 YEARS S/O. PEERUKANU, CHAMAVILA HOUSE BALARAMAPURAM P.O. THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.SHANAVAS.S SRI.SALIM V.S. SRI.O.C.LAIJU RESPONDENTS: ------------- 1. STATE OF KERALAL REPRESENTED BY HOME SECRETARY, GOVT. SECRETARIAT THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE THIRUVANANTHAPURAM RURAL. 3. CIRCLE INSPECTOR OF POLICE NEYYATTINKARA. 4. SUB INSPECTOR OF POLICE BALARAMAPURAM. 5. GANAPATHY MOORTHI,HOUSE NO.409/VII (BALARAMAPUAM PANCHAYAT) SHALI GOTHRA THERUVU,ANTHIYOOR DESOM BALARAMAPURAM POST, KOTTUKAL VILLAGE THIRUVANANATHAPURAM DISTRICT. 6. SYAM,S/O.GANAPATHY MOORTHI, HOUSE NO.409/VII HOUSE NO.409/VII (BALARAMAPUAM PANCHAYAT) SHALI GOTHRA THERUVU,ANTHIYOOR DESOM BALARAMAPURAM POST, KOTTUKAL VILLAGE THIRUVANANATHAPURAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI C.M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON ON 07/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN,JJ ---------------------------------------------- W.P.(CRL.)254 OF 2007 ---------------------------------------------- Dated 7th November, 2007. JUDGMENT Raman, J. This is a writ petition for habeas corpus filed by Ajmal Khan, aged 22 years alleging that Smt. Devi R, the alleged detenue, is under illegal custody of respondents 5 and 6 , who are the father and elder brother of the alleged detenue. We issued a direction on 30-10-2007 to the Government Pleader to get instruction from the 4th respondent, the Sub Inspector of Police, Balaramapuram as to the steps taken on Ext.P2 complaint and to file a report. A statement is stated to be filed. But the same has not been incorporated by the Registry, a copy of which is furnished by the learned Government Pleader. As per the statement, the alleged detenue was produced before the R.D.O, Thiruvananthapuram on 31-10-2007 and the alleged detenue gave a statement before the Sub Divisional Magistrate expressing her willingness to go along with her parents. She being a major, wpcr. 254/07 2 set at liberty to go along with her parents. 2. In the above circumstances, the allegations contained in the writ petition that the alleged detenue is under illegal custody of respondents 5 and 6 cannot be accepted. At any rate, when she was set free by the Sub Divisional Magistrate after recording her statement to the effect that she wanted to go along with her parents, no further relief can be granted in this petition for habeas corpus. The writ petition is closed. P.R.Raman, Judge. V.K.Mohanan, Judge. kvm/- wpcr. 254/07 3 V.K.MOHANAN, J. No.... Judgment/Order Dated: