IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(Crl.).No. 14 of 2011(S) -------------------------- PETITIONER: --------------- SADASIVAN, S/O.DAMODARAN, PUTHEN VEEDU, VALLICODE P.O., PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH SRI.PRAKASH KESAVAN RESPONDENTS: --------------- 1. THE CIRCLE INSPECTOR OF POLICE, PATHANAMTHITTA, PIN 689645. 2. GISHNU, S/O.RAJU, CHARUVIL VADAKKEMURIYIL, PRAMADOM P.O. & VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689 659. 3. RAJU, CHARUVIL VADAKKEMURIYIL, PRAMADOM P.O. & VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 689 659. ADV. SRI.P.GOPALAKRISHNAN (MVA) FOR R3 GOVERNMENT PLEADER, SHRI P K BABU FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 14 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of March, 2011 JUDGMENT Joseph, J. The petitioner is the father of the alleged detenue, who is aged 19 years. Illegal detention is alleged against respondents 2 and 3. We have already passed an order dt. 2.11.10 after interacting with the alleged detenue. In the said order we have noted that the alleged detenue said that she had gone on her own, that there is no illegal detention and that she is in love with the second respondent. Noticing that they have not married and that the second respondent is not even of marriageable age, we directed the alleged detenue to reside with her parents and to continue her B.Tech. course. 2. Today the alleged detenue and her parents were present. The alleged detenue would submit that she is prepared to go with W.P.(Crl).No. 14 of 2011 2 her parents., We have also cautioned against any forcible marriage and we also direct that while she is residing with her parents, she will not be compelled to contract marriage with any one contrary to her will. 3. Subject to the same, we close this writ petition allowing the alleged detenue to go with her parents. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm W.P.(Crl).No. 14 of 2011 3 K.M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 14 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2011 O R D E R Today when the matter came up, the learned Govt. Pleader pleads inability to produce the detenue, who is aged about 18 years and the second respondent is aged 19 years. The second respondent is not even attained majority. It is a serious issue. At present the matter is being investigated by the Circle Inspector of Police, Pathanamthitta. In the circumstances of this case, we feel it necessary that the matter is looked into with utmost seriousness by a higher ranking officer. 2. Accordingly we direct the Superintendent of Police, Pathanamthitta to constitute a special team headed by the Dy. S.P. to look into the matter under the direct supervision of the Superintend of Police, Pathanamthitta and make every efforts to trace out the alleged detenue at the earliest. W.P.(Crl).No. 14 of 2011 4 3. Call on 2.2.2011 for the production of the alleged detenue before this Court. We further direct that if the detenue is traced out earlier, she shall be produced before the competent Magistrate with notice to the petitioner. The Magistrate shall ensure that the detenue is produced before this court on 2.2.2011. In the event of the detenue not being produced, the Superintend of Police shall file a statement indicating the steps taken and the results of the investigation conducted. The statement shall be filed on or before 1.2.2011. 4. Personal appearance of the third respondent is dispensed with for the time being. (K.M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm