IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(Crl.).No. 362 of 2010(S) ------------------------------------------ PETITIONER(S): --------------------- 1. ABDUL RASHEED, S/O.ABUBACKER, AGED 50 YEARS, NELLIKKA THURVAL, PUTHEN VEEDU, OTTAMARAM, KALIAKKAVILAI P.O., KANYAKUMARI DISTRICT. 2. SMT.SAYED ALI FATHIMA, W/O.ABDUL RASHEED, NELLIKKA THRUVAL, PUTHEN VEEDU, OTTAMARAM, KALIAKKAVILAI P.O., KANYAKUMARI DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SRI.C.R.REKHESH SHARMA RESPONDENT(S): ---------------------- 1. MR.SAJEER, S/O.AMEERKHAN, LAKSHOM VEEDU, VANIKARTHERU, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT - 691 501. 2. MR.FEROES, S/O.AZEES, CHAMAVILA, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 695 501. 3. MR.SADHIK ALI, CHAMAVILA, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 695 501. 4. MR.SEYYADH, S/O.MOHAMMED ELIYAS, MADAYUR PAARAI, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 695 501. 5. MR.SAHEER, S/O.MOHAMMED ELIYAS, MADAYUR PAARAI, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 695 501. W.P.(CRL).NO.362 OF 2010 S 6. MR.NAVAS, S/O.MOIDEEN K KUINEH, THENPA VATTUM, IRTHAYOOR, KATTAKADAI ROAD, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT. 695 501. 7. MR.NOWSHAD, CHAMAVILA, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT - 695 501. 8. MR.AMEER KHAN, LAKSHOM VEEDU, VANIKARTHERU, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT - 695 501. 9. MRS.RASEETHA BEEVI, W/O.AMEERKHAN, LAKSHOM VEEDU, VANIKARTHERU, BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT - 695 501. 10. THE DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT - 695 121. 11. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. ADV. SRI.BABU S. NAIR FOR R1 SRI.K.A.HASSAN FOR R2-9 SMT.JULIA PRIYA RESHMY FOR R2-9 R10 & R11 BY SR. GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/03/2011ALONG WITH WPCR NO. 364 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.362 OF 2010 S PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE PETITION DATED 11.9.2010 SUBMITTED BY THE FIRST PETITIONER BEFORE R10. EXT.P2 TRUE COPY OF THE BIRTH CERTIFICATE IN RESPECT OF THE PETITIONER'S MINOR DAUGHTER SAJEELA. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NOS. 362 & 364 OF 2010 S ------------------------------------------ Dated this the 22nd March, 2011 JUDGMENT K.M. Joseph, J. Since these Writ Petitions being connected, they are disposed of by this common Judgment. 2. W.P.(Crl). No.362/2010 is filed by the parents of one Ms. Sajeela A. Allegation of illegal detention is made essentially against respondents 1 to 9. There is also a prayer to take action against respondents 1 to 9 by registering cases under the Indian Penal Code for kidnapping the petitioners' minor daughter and other allied offences. 3. W.P.(Crl).No.364 of 2010 is filed by the father of the first respondent in W.P.(Crl).No.362/2010. Therein, a Writ of Habeas Corpus is sought to produce the son of the petitioner and a further prayer is sought to conduct investigation. WP(CRL).362 & 364 OF 2010 S 2 4. Various interim orders have been passed in this matter. In short, Ms. Sajeela A., the daughter of the petitioner in W.P.(Crl). No.362/2010 is in love with Mr. Sajeer and she not being a major, she was directed to reside in a hostel. 5. Today, Ms. Sajeela A. was produced before us. As of now, she is a major. We interacted with her and her mother. We also heard the learned counsel appearing for the parties. Ms. Sajeela would say that she is in love with Mr. Sajeer and she wants to get married to Mr. Sajeer. Learned counsel appearing for Mr. Sajeer would point out that the marriage of the alleged detenu, namely Ms. Sajeela, can be conducted tomorrow. The girl has been in hostel for nearly six months. No doubt, her mother appeared and stated that her husband is in hospital and she opposes the marriage. Both Sajeela and Sajeer are majors. In the light of these circumstances, we dispose of the Writ Petitions as follows: Ms. Sajeela A. is permitted to go with the mother of Mr. Sajeer, so that the marriage between Sajeela and Sajeer can be WP(CRL).362 & 364 OF 2010 S 3 conducted tomorrow as assured before us by the learned counsel appearing for Mr. Sajeer. For production of the Marriage Certificate, call these cases on 29.3.2011. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy//