IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(Crl.).No. 212 of 2010(S) --------------------------- PETITIONER: --------------- REJIMON DEVASSIA, MUNDUNADACKAL HOUSE, MULLATHANAM KARA, KULAMAVU P.O., IDUKKI DT. BY ADV. SRI.T.J.MICHAEL RESPONDENTS: --------------- 1. K.K.MATHEW, MATHEW VILLA, HARIPAD P.O., ALLEPPEY DT. 2. BINOY MATHEW, S/O.K.K.MATHEW, MATHEW VILLA, HARIPAD P.O., ALLEPPEY DISTRICT. 3. SUPERINTENDENT OF POLICE, ALLEPPEY. 4. S.I. OF POLICE, HARIPAD, ALLEPPEY DIST. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 212 of 2010 ------------------------------------------------- Dated this the 14th day of June, 2010 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 Ms.Beena.K.S.,a young woman aged 25 years (date of birth - 17/5/1985) who was working as a colleague/nurse at Indore along with the petitioner. According to the petitioner, the petitioner and the alleged detenue Ms.Beena had decided to get married. He alleged that Ms.Beena was being illegally detained by the first and second respondents, her father and brother who do not approve the relationship between them. It is in these circumstances that the petitioner came to this Court with this petition on 7/6/2010. W.P.(CRL)NO.212/2010 2 2. This petition was admitted on 8/6/2010 and the case was posted to this date. 3. Today when the case is called, the petitioner is present. He is represented by his counsel. The first respondent has come to court along with the alleged detenue. The elder sister of the alleged detenue Ms.Reena is also present along with the alleged detenue and the first respondent. As the alleged detenue comes from the custody/along with respondent No.1, who is allegedly detaining her, we permitted the alleged detenue to remain in the chamber alone with opportunity for no other person to influence her. To a specific query made by us in court, the alleged detenue stated before us that she does not want to have any interactions with the petitioner. After lunch recess, we interacted with the alleged detenue. We interacted with her alone initially and later in the presence of her sister and father. Later, we interacted with her in the presence of the petitioner. Petitioner's counsel as also the learned Government Pleader were present. The alleged detenue, her father and sister are not represented by any counsel. The alleged detenue admitted that she was friendly with the petitioner while they were working W.P.(CRL)NO.212/2010 3 together as colleagues/nurses at Indore. But according to her, she does not now want to have any relationship with the petitioner. She does not want to get married to the petitioner. She wants to return along with the first respondent from court. 4. In the course of our interactions, we are happy to note that the alleged detenue and the petitioner have agreed to part as friends. The petitioner has shown to us some photographs in his mobile phone which after ascertaining the response of the alleged detenue, he agreed to delete. They were accordingly deleted. Both the alleged detenue and the petitioner agree that they shall not hereafter initiate any proceedings against the other nor shall they in any way cause any hardship or difficulties to the other. It is agreed that if there are some books/documents etc. of each other either with the petitioner or the alleged detenue, they shall return the same to the other through the Sub Inspector of Police, Harippad under proper acknowledgment at 11 a.m. on 17/06/2010. 5. We are convinced that the alleged detenue is not under any illegal detention or confinement. We are, in these circumstances, satisfied that no further directions are necessary W.P.(CRL)NO.212/2010 4 in this writ petition. This writ petition is accordingly dismissed. The alleged detenue Beena.K.S.is permitted to leave the court along with the first respondent, her father and her sister Reena as desired by her. R. BASANT (Judge) M.C. HARI RANI (Judge) ks.