IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(Crl.).No. 376 of 2009(S) -------------------------------------- PETITIONER(S): ---------------------- 1. VISWANATHAN HARIS K.,(31 YEARS), S/O.VISHWANATHAN, KOLLUMADATHIL HOUSE, VOCHEKKAL, EDAVANAKKAD. 2. SARASAN V.P., (60 YEARS), S/O.PEETHAMBARAN, VAZHAPPILLY HOUSE, PERUMPADAPPU. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPDT. OF POLICE, (ERNAKULAM RURAL), ALUVA. 3. THE SUB INSPECTOR OF POLICE, NARAKKAL. 4. DENNIS JOSEPH, S/O.ANTONY, PALLIPARAMBIL HOUSE, CULTAS ROAD, PERUMPADAPPA. 5. ANTONY, PALLIPARAMBIL HOUSE, CULTAS ROAD, PERUMPADAPPA. R1 TO R3 BY GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR. R4 & R5 BY ADV. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR.376/2009: APPENDIX: PETITIONER'S EXHIBITS: EXT.P1--TRUE COPY OF THE MARRIAGE CERTIFICATE. EXT.P2--TRUE COPY OF THE FIR. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.)No.376 of 2009 ---------------------------------------------- Dated, this the 23rd day of September, 2009 J U D G M E N T K.M.Joseph, J. The writ petition is filed seeking a writ of habeas corpus or any other writ or direction directing the respondents 2 and 3 to have the body of the detenue Silja Mol before this Court and to release her from the illegal custody. The Ist petitioner is the husband of the alleged detenue and the second petitioner is the father of the alleged detenue. Their case is that the alleged detenue is in the custody of respondents 4 and 5. 2. Today when the matter came up, we heard the learned counsel for the petitioner, learned Government Pleader and learned counsel for respondents 4 and 5 and also the alleged detenue. 3. The alleged detenue would tell us that she is not under illegal detention by respondents 4 and 5. According to her she is a free agent and that she is staying in Banglore as a paying guest. In fact, the alleged detenue also says that WPCR 376/2009 -2- she is desirous of having the marriage between the Ist petitioner and herself dissolved. In view of the fact that there is no illegal detention by respondents 4 and 5 we are inclined to close the writ petition. It is submitted by the learned Government Pleader that Crime No.1354/2009 has been registered in Narakkal police station. In view of the categoric statement given by the alleged detenue that she is a free agent and there is no illegal detention by respondents 4 and 5 we think that it is not necessary to proceed further with the criminal complaint and we order so. Needless to say, it is for the parties to work out other remedies before appropriate forum. The writ petition is dismissed subject to the aforesaid observations/directions. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS