IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(Crl.).No. 33 of 2008(S) -------------------------- PETITIONER: ------------ MR.P.K.AZEEZ, S/O.AHMED KUTTY, PUTTEMKUNNU HOUSE, KANOOTY PARA, KEDAVOOR AMSOM, CHAMAL DESOM, P.O.CHAMAL, KOZHIKODE. BY ADV. SMT.SREEKALA KRISHNADAS RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. 2. THE SUB INSPECTOR OF POLICE, THAMARASSERY POLICE STATION, KOZHIKODE. 3. MR.BIJEESH @ CHERIYA VAVA, S/O.NARAYANAN, KANOOTY PARA HOUSE, KEDAVOOR AMSOM, CHAMAL DESOM, CHAMAL P.O., KOZHIKODE. R1 & R2 BY GOVT.PLEADER SRI C.M.KAMMAPPU R3 BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) SRI.LUIZ GODWIN D'COUTH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.33/2008 APPENDIX PETITIONER'S EXT: EXT.P1 TRUE COPY OF THE F.I.R. P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 33 OF 2008 = = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 8TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. Petitioner and his counsel appeared. The third respondent is also present. He has produced the alleged detenue. We have interacted with the parties. We allowed the petitioner to talk with his daughter - the alleged detenue for a quite some time and thereafter the case was again taken up. We interacted with the parties again. The alleged detenue submitted that she has attained majority, her date of birth being 27.2.1989. Learned counsel appearing for the third respondent made available the certificate of the alleged detenue to convince this court about her date of birth. The alleged detenue Ms. Raihanath stated that she went along with the third respondent on her own will and volition, that she is not under the illegal custody of the third respondent as alleged in the writ petition and that she had married the third respondent. Learned counsel produced an agreement dated 10.1.2008, which was registered before the Sub Registrar, Pulpally. But it is only an agreement to marry and does not evidence the marriage as such. It is assured that a legal and proper marriage will be conducted. WP(CRL.) 33/2008 :2: In view of the fact that both the alleged detenue as well as the third respondent are majors and the alleged detenue submitted that she is not under any illegal custody, we close this writ petition. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-