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. 194 of 2010(S) --------------------------- PETITIONER: LAL KRISHNA M.S., S/O. S.MOHAN KUMAR, AGED 22 YEARS, RESIDING AT SHREESHAILAM, KARUMAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENTS: 1. THE SUPERINTENDENT OF POLICE, KOLLAM. 2. THE SUB INSPECTOR OF POLICE, PARAVOOR POLICE STATION, PARAVOOR, KOLLAM. 3. NEJI A., W/O. NAJI ABDUL AZIZ, AGED ABOUT 45 YEARS, RESIDING AT HADIYA, KURUMANDAL-B, NEDUNGOLAM P.O., KOLLAM. 4. MOHAMMED ANSHA, S/O. NAJI ABDUL AZIZ, AGED ABOUT 26 YEARS, RESIDING AT HADIYA, KURUMANDAL-B, NEDUNGOLAM P.O., KOLLAM. 5. NAJI ABDUL AZIZ, AGED ABOUT 50 YEARS, RESIDING AT HADIYA, KURUMANDAL-B, NEDUNGOLAM P.O., KOLLAM. 6. SAJEEV PARAVOOR, RESIDING AT HADIYA, KURUMANDAL-B, NEDUNGOLAM P.O., KOLLAM. ADV. SRI. K.SIJU FOR R6 SRI.A.MUHAMMED RAFFI FOR R6 SRI. K.SIJU FOR R3 & 4 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. 194 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 for a writ of habeas corpus to search for, trace and produce Haseena Naji, daughter of the 3rd and 5th respondents and sister of the 4th respondent, who, he apprehended, is under the illegal detention and confinement of respondents 3 to 6. 2. This order must be read in continuation of our earlier order dated 1/6/2010. Today when the case is called, the petitioner is present. Respondents 3, 4 and 6 are also present. The 6th respondent, it is stated, is brother of the 3rd respondent. Along with them the alleged detenue has come to court today. 3. As the alleged detenue comes to court along with/in the custody of respondents 3,4 and 6, we permitted her to be W.P.CRL. NO. 194 OF 2010 -2- alone in the Chamber with opportunity for no one to interact with her. We wanted to ascertain from her whether she wants to speak to the petitioner. She stated that she does not want to. After the lunch recess, we interacted with the alleged detenue in the Chamber alone initially and later in the presence of her mother, the third respondent. Subsequently, we interacted with the petitioner herein also. Counsel for the petitioner, counsel for respondents 3,4 and 6 as also the learned Government Pleader were present. 4. Ms.Haseena Naji, the alleged detenue, is aged about 20 years (date of bith-11/9/1989). She is a student of the B.A.Degree course and has already written final year examination. She stated before us categorically that she is not under any illegal confinement or detention. She admitted that she knows the petitioner and has been friendly with him. But according to her, she does not want to go with the petitioner. She wants to go along with her mother from court, she asserts. She did not deny her earlier friendship with the petitioner and the fact that notice under the Special Marriage Act had been given. But she was emphatic that she is not under illegal confinement, that she does not want to go with the petitioner. W.P.CRL. NO. 194 OF 2010 -3- and that she wants to return along with her brother and mother. 5. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal confinement or detention. We are satisfied that she is not. 6. In these circumstances, no further directions appear to be necessary. We are happy to note that after interactions with the parties, the petitioner and the alleged detenue agree to part as friends and further stipulate that they shall not take any action against each other on the basis of what has transpired in the past. 7. This writ petition is accordingly dismissed. The alleged detenue Ms.Haseena Naji is permitted to leave the court along with respondents 3,4 and 6. R. BASANT (Judge) M.C. HARI RANI (Judge) ks. W.P.CRL. NO. 194 OF 2010 -4- R.BASANT & M.C. HARI RANI,JJ ============================== W.P.(CRL)NO. 194 OF 2010 ============================ DATED THIS THE 1ST DAY OF JUNE 2010 ORDER Basant,J. The petitioner is present. A counsel has entered appearance for respondent No.6. Respondents 3 to 5 have not been served. The Public Prosecutor submits that Ext.P6 complaint has not been received at the Paravur police station. The Sub Inspector of Paravur Police Station is present. To avoid any dispute about the receipt of the complaint, the Sub Inspector is directed to record statement of the petitioner in the presence W.P.CRL. NO. 194 OF 2010 -5- of this Court today and proceed to register a crime and investigate. 2. The learned Public Prosecutor reports that the police, on receipt of notice from this court, has taken the necessary action. The police had received the sworn affidavit of the alleged detenue by fax which shows that the alleged detenue has now been taken to Abu Dhabi. Her affidavit shows that she is not under illegal detention of anyone and she is not subjected to any manhandling or pressure or threat from any one. Her phone number is furnished in the affidavit. We are not convinced that the averments in the affidavit can be meekly accepted. We want the alleged detenue to be produced before the court to ascertain the genuineness of the assertions in the affidavit and to verify ourselves of her stand. Accordingly, it is directed that the alleged detenue shall appear before this court on the next date of posting. 3. The petitioner complains that he is being threatened and his life is in danger. The learned Public Prosecutor submits that the needful shall be done to afford protection for the petitioner. We accept the submission of the learned Public prosecutor. W.P.CRL. NO. 194 OF 2010 -6- 4. Call on 14/6/2010. R. BASANT, JUDGE M.C. HARI RANI,JUDGE ks.