IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(Crl.).No. 441 of 2008(S) --------------------------- PETITIONER(S): --------------- P.HARI NARAYANAN, AGED 23 YEARS, S/O. NARAYANAN NAMBOOTHIRI, PERUR ILLAM, KANNIPARAMBA P.O., VIA-MAVOOR, KOZHIKODE DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SMT.P.RANI DIOTHIMA SRI.ARJUN SREEDHAR SRI.ANEISH RAVINDRA RESPONDENT(S): --------------- 1. THE CIRCLE INSPECTOR OF POLICE, CHERUVANNOOR. 2. THE SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION. 3. DEVAKI ANTHARJANAM, CHERPLERI ILLAM, OLAVANNA P.O., KOZHIKODE -25. 4. SIVADASAN NAMBOOTHIRI, CHERPLERI ILLAM, OLAVANNA P.O., KOZHIKODE -25. ADV. SRI.P.V.KUNHIKRISHNAN FOR R3 & R4 SMT.BINDU GEORGE FOR R3 & R4 GOVT.PLEADER SRI.NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.441/2008 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : PHOTOGRAPHS IN CONNECTION WITH THE MARRIAGE OF THE PETITIONER. EXT.P2 : TRUE COPY OF THE STATEMENT OF DETENUE. EXT.P3 : TRUE COPY OF THE ORDER DATED 28.6.2008 IN CMP NO.2506/07 PASSED BY THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT V, KOZHIKODE. EXT.P4 : TRUE COPY OF THE COMPLAITN DATED 1.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. KURIAN JOSEPH & K.T.SANKARAN, JJ. ---------------------------------------------- W.P.(Crl) No.441 of 2008 ---------------------------------------------- Dated 15th December, 2008. J U D G M E N T Kurian Joseph, J. The petitioner is present. The alleged detenue Shyama is also present. It is submitted that she is a major, she is not in the illegal custody of anybody else and that she is a free person. We also find that there is a matrimonial dispute now pending before the Family Court, Kozhikode. Therefore, it is for the parties to work out rest of the disputes before the said court. Without prejudice to such liberty, this writ petition is dismissed. Shyama submits that she apprehends threat to her life and property. In the event of any such threat to her life and property, or the members of her family, it will be open to her to approach the first respondent, in which case, the required protection will be granted by the first respondent. KURIAN JOSEPH, JUDGE. K.T.SANKARAN, JUDGE. tgs KURIAN JOSEPH & K.T.SANKARAN, JJ ---------------------------------------------- W.P.(Crl) No.441 of 2008 ---------------------------------------------- J U D G M E N T Dated 15th December, 2008.