IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 17TH NOVEMBER 2009 / 26TH KARTHIKA 1931 WP(Crl.).No. 465 of 2009(S) --------------------------- PETITIONER(S): --------------- K. RAMACHANDRAN NAIR, S/O. KESAVAN NAIR, AGED 61 YEARS, RETIRED CHIEF MANAGER, K.S.F.E. RESIDING AT MUNDHEZATHU VEEDU, NO. 38, THEVALLY EXCELL NAGAR, KOLLAM. BY ADV. SRI.V.V.RAJA SRI.R.RANJITH SRI.M.T.SURESH KUMAR RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, DHARMADAM POLICE STATION, THALASSERY. 3. THE SUB INSPECTOR OF POLICE, NOORANADU POLICE STATION, ADOOR. 4. SAJEESH R.K., S/O. SADANANTHAN, AGED ABOUT 30 YEARS, SASIPRABHA, PARAPPURAM, SAITU PEDIKA, PINANRAY, THALASSERY, KANNUR. ADV. SRI.C.P.PEETHAMBARAN FOR R4 SRI.M.K.SHAJI FOR R4 GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 17/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * W.P.(Crl).No.465 of 2009 ---------------------------------------- Dated this the 17th day of November 2009 J U D G M E N T Basant,J The petitioner has come to this court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Meera Lekshmi, aged above 19 years, who, the petitioner apprehended, was under the illegal custody and detention of the 4th respondent. The daughter of the petitioner Meera Lekshmi is aged above 19 years - she having been born on 10/09/1990. She is a student of Sree Budha Engineering College, Nooranadu. She is now in the third semester class. She was residing near her college as a paying guest and she was allegedly found to be missing from 10/11/2009. On coming to know that his daughter is missing from 10/11/2009, the petitioner had rushed to this court with this petition which was filed on 11/11/2009. 2. This petition was admitted on 12/11/2009 and notice was issued to the respondents. W.P.Crl No.465/09 2 3. Today when the case is called, the petitioner and his wife are present. The learned counsel for the petitioner is also present. 4th respondent has entered appearance. He is represented by a counsel. Along with him, his paternal uncle and his wife, have also come to court. The alleged detenue has also come to court along with the 4th respondent. 4. As the alleged detenu comes from the custody of the 4th respondent and his relatives, we wanted to ensure that she was permitted to remain alone before her response was ascertained. She was thus sent to the chamber and permitted to be alone. We permitted the petitioner, his wife and the elder brother of the alleged detenue to interact with the alleged detenue while she was in the chamber. 5. After lunch recess, we interacted with the parties in the chamber. Initially, we interacted with the alleged detenue. Thereafter, we interacted with her in the presence of her parents and the learned counsel for the petitioner. Subsequently, we interacted with the 4th respondent in the presence of his counsel as also his uncle and his wife. 6. Our interactions confirm that the alleged detenue Meera Lekshmi, an adult major woman, is not under illegal W.P.Crl No.465/09 3 confinement or detention of anyone. She asserted before us that she was in love with the 4th respondent and that she had voluntarily proceeded to join him. It is further submitted that the alleged detenue and the 4th respondent have now got married in accordance with the customary religious rites and ceremonies on 11/11/2009. The marriage took place at Sree Parameswara Parvathy Temple, Pinarayi. The marriage has been registered at the Pinarayi Gramma Panchayat and a certificate issued by the Secretary and Registrar of Marriage, Pinarayi Gramma Panchayat has been produced. 7. We requested the learned counsel, who appeared for the parties, to explore the possibilities of a harmonious settlement. We interacted with all parties and their counsel in the chamber. We are happy to note that at the end of the discussion, parties appear to be moving towards a harmonious settlement of all their disputes. 8. The petitioner and his wife now submit that they are satisfied that the alleged detenue is not under illegal detention or confinement. They submit that they accept the marriage between the alleged detenue and the 4th respondent and shall be taking the necessary steps at the earliest to ensure that there is W.P.Crl No.465/09 4 meeting of minds and harmony between the two families. The 4th respondent and his paternal uncle also reciprocated the same sentiments. The 4th respondent, in response to a specific query by this court - sharing the anxiety of the parents, submits that necessary steps shall be taken to ensure that the alleged detenue continues her Engineering course at an appropriate venue to be decided shortly. 9. We are, in these circumstances, satisfied that there is no element of illegal confinement or detention and that the alleged detenue has joined the 4th respondent voluntarily in accordance with her free will and desire. We are satisfied that no further directions are necessary in this writ petition. 10. This writ petition is accordingly dismissed. A copy of the marriage certificate is handed over by the learned counsel for the 4th respondent to the learned counsel for the petitioner. The original certificate is returned to the 4th respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.Crl No.465/09 5 W.P.Crl No.465/09 6 W.P.Crl No.465/09 7 R.BASANT & M.C.HARI RANI, JJ. .No. of 200 ORDER/JUDGMENT 29/07/2009