IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(Crl.).No. 417 of 2011(S) --------------------------- PETITIONER: --------------- JOBIN T., S/O.THOMAS P., PUTHUPARAMBIL HOUSE, KODUNGANNOOR P.O., THIRUVANANTHAPURAM-13. BY ADV. SRI.SAJU.S.A RESPONDENTS: --------------- 1. THE CITY POLICE COMMISSIONER, VAZHUTHACAUD, THIRUVANANTHAPURAM-695001. 2. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695005. 3. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT-695005. 4. MOHAN NAIR, 'RAJASREE', S.N.R.A.60, NETTAYAM P.O., PEROORKADA, THIRUVANANTHAPURAM-13. 5. RAJKUMAR, S/O.MOHAN NAIR, DO. DO. GOVERNMENT PLEADER SRI P.K.BABU ADV. SRI.P.RAVEENDRAN PILLAI FOR R4 & 5 SMT.INDIRA RAVEENDRAN FOR R4 & 5 SRI.N.J.MATHEWS FOR DETENUE THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & C.T.RAVIKUMAR, JJ. *********************** W.P(Crl) No.417 of 2011-S ***************************** Dated this the 4th day of October, 2011 JUDGMENT 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 Sreelakshmi, an adult major woman, aged 24 years. According to the petitioner, she is being detained illegally by respondents 4 and 5, who are none other than the father and brother respectively of the alleged detenue. 2. According to the petitioner, he is in love with the alleged detenue Sreelakshmi. Her father and other relatives do not approve of the the relationship. She is hence being illegally detained and confined by respondents 4 and 5. 3. The Bench which dealt with the matter wanted a discreet enquiry to be conducted. Accordingly the police conducted an enquiry and reported that the alleged detenue has a grievance that she was being kept in the custody of her father. Accordingly direction was issued to the alleged detenue to appear before this Court today. 4. Today when the case is called, the alleged detenue W.P(Crl) No.417 of 2011-S 2 has come to Court along with respondents 4 and 5. The petitioner is also present. The petitioner is represented by a counsel. Respondents 4 and 5 are also represented by a counsel. The alleged detenue is also represented by a counsel. An affidavit has been filed by the alleged detenue. 5. Though the alleged detenue in the Court asserted that she does not want to go with the petitioner and that she does not even want to interact with him, apprehending that she, who has come to Court in the custody of respondents 4 and 5, may not be speaking her mind voluntarily, we permitted the alleged detenue to remain alone in the Chamber without any opportunity for anyone to influence her. After the lunch recess, we interacted with the alleged detenue alone initially and later in the presence of the petitioner. All counsel as also the learned Government Pleader were also permitted to be present later. 6. The alleged detenue asserts before us even after interactions with the petitioner that she does not want to go with the petitioner. She is not under any illegal confinement or detention, she asserts. She admits that to the police she had given a statement that she was in love with the petitioner. But subsequent events reveal to her that she should not go with the W.P(Crl) No.417 of 2011-S 3 petitioner and must return along with respondents 4 and 5, she submits. According to the petitioner the alleged detenue is under some misapprehension. He prays that further time may be given to her to take a decision in the matter. 7. The alleged detenue asserts before us that she does not want any further time. She has taken the firm and informed decision that she does not want to have anything to do with the petitioner hereafter. 8. The alleged detenue is a 24 year old young woman, her date of birth being 19.07.1987. She is an educated woman, she having completed her B.Pharm course. 9. The petitioner is shattered at the statement of the alleged detenue. But we are satisfied that the alleged detenue is not under any coercion or pressure to make the statement. We accept the statement of the alleged detenue. We are satisfied that this petition only deserves to be dismissed. The petitioner has returned to the alleged detenue certain photographs and a compact disc belonging to her which are in his possession. The alleged detenue states that some more articles of hers are available with the petitioner. The petitioner undertakes to return all such articles which are available with him. The same W.P(Crl) No.417 of 2011-S 4 shall be handed over to the Sub Inspector of Police, Peroorkkada Police Station on or before 10.10.2011 (5 p.m). The police shall receive such articles from the petitioner and hand over the same to the alleged detenue against proper acknowledgment. 10. This Writ petition is, in these circumstances, dismissed. (R.BASANT, JUDGE) (C.T.RAVIKUMAR, JUDGE) rtr/