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 19TH OCTOBER 2009 / 27TH ASWINA 1931 WP(Crl.).No. 398 of 2009(S) --------------------------- PETITIONER(S): --------------- 1. POKKER, S/O.MOIDEEN, AGED 59 YEARS, PUTHUKUDUKANDI HOUSE, IRINGATH P.O. KOYILANDI TALUK. 2. SAINABA, W/O.POKKER, AGED 48 YEARS, OF DO. DO. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, MEPPAYUR POLICE STATION, KOZHIKODE. 2. JIJEESH, S/O.BALAN, THACHOLI THAZHE HOUSE, MEPPAYYUR, KOZHIKODE. 3. BALAN, THACHOLI THAZHE HOUSE, MEPPAYYUR, KOZHIKODE. ADV. SRI.K.B.ARUNKUMAR FOR R2 & R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.398 OF 2009 ----------------------------------------------------- DATED THIS THE 19th DAY OF OCTOBER, 2009 J U D G M E N T Basant, J. This judgment must be read in continuation of the earlier orders passed by this Court on 8.10.2009 and 12.10.2009. We have subsequently, received the report of the learned Munsiff- Magistrate, Payyoli. In the report, the learned Magistrate submits that the response of the alleged detenue was ascertained after giving the petitioners adequate opportunity to interact with their daughter privately and to the exclusion of all others. It is submitted that the alleged detenue stated before court that she is not under illegal confinement or custody of anyone. It is submitted that the alleged detenue and respondent No.2 herein have already given notice before the Marriage Officer to get their marriage registered under the Special Marriage Act. 2. The learned counsel for the petitioners submits that, in these circumstances, the petitioners are now satisfied that the alleged detenue is not under any physical confinement or detention of the 2nd respondent or any other. In these W.P.(Crl.)No.398/09 -2- circumstances, the petitioners submit that no further directions are necessary in this Writ Petition and this Writ Petition can now be dismissed as unnecessary. 3. The request of the petitioners is accepted. 4. This Writ Petition is accordingly dismissed. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl.)No.398/09 -3- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.398 OF 2009 ----------------------------------------------------- DATED THIS THE 8th DAY OF OCTOBER, 2009 O R D E R Basant, J. Respondents 2 and 3 have entered appearance. The learned counsel for respondents 2 and 3 submits that there is no confinement or detention and the 23 year old daughter of the petitioners - an adult major woman, has on her own taken the voluntary and firm decision to get married to the 2nd respondent. Necessary steps are being taken to get the marriage solemnised/registered, submits the learned counsel. 2. The learned Government Pleader submits, though that submission is not made by learned counsel for respondents 2 and 3, that the enquiries by the police reveal that the alleged detenue is now pregnant. However, the learned counsel for respondents 2 and 3 submits that the alleged detenue can be produced before Court on 12.10.2009. But the learned counsel submits that they apprehend harm at the hands of the petitioners and their people. W.P.(Crl.)No.398/09 -4- In these circumstances, the learned counsel prays that the police may be directed to afford adequate protection to the alleged detenue to come to the Court and to return from the Court on that day. The learned Government Pleader undertakes that necessary protection shall be afforded, so that the alleged detenue will be able to appear before Court without any hindrance or obstruction. 3. Call on 12.10.2009. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn