IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(Crl.).No. 435 of 2011(S) --------------------------- PETITIONER(S): --------------- JAIMON, AGED 28 YEARS, S/O.SREEDHARAN, MATTATHIL HOUSE, MANAPURAM.P.O., THAIKKATTUSERI VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENT(S): --------------- 1. JINADEVAN, AGED 50 YEARS, KIDANGUVELI HOUSE, THAIKKATTUSSERY VILLAGE, NAGARIKARA, ALAPPUZHA DISTRICT-688 588. 2. SUB INSPECTOR OF POLICE, POOCHAKKAL POLICE STATION, POOCHAKKAL, CHERTHALA, ALAPPUZHA DISTRICT-688 588. ADV. SRI.K.V.SABU FOR R-1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P. (Crl) No.435 of 2011-S ------------------------------------------------- Dated this the 14th day of October, 2011 JUDGMENT Basant,J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce `Anju', a young woman aged 25 years (date of birth - 17/5/1986). She is an educated woman. She is a graduate. She has been employed as a Teacher for some time. According to the petitioner, he and the alleged detenue were in love. The parents of Anju (the alleged detenue), who do not approve of the relationship between the petitioner and her, are allegedly detaining and confining her against her wishes. It is with these allegations that the petitioner filed this petition on 26/9/2011. 2. This petition came up for hearing on 27/9/2011, 4/10/11 and 10/10/11. This matter was posted to this date. 3. Today when the case is called, the petitioner is present along with his counsel. The 1st respondent, the father of the alleged detenue, is also present. He is also represented by his counsel. The alleged detenue has come to Court with her father. As she comes from the custody of/along with the 1st respondent, we permitted her to remain in the Chambers without W.P. (Crl) No.435 of 2011 -: 2 :- opportunity for any one to interact with her. To a specific question put by us, the alleged detenue Anju stated categorically that she does not want to have any interaction with the petitioner. 4. We interacted with her after the lunch recess. Subsequently, we interacted with her in the presence of her father. Still later we interacted with her in the presence of the petitioner also. The learned counsel for the petitioner, the learned counsel for the 1st respondent and the learned Government Pleader were also present at the final stage of interaction. 5. The alleged detenue Anju states before us categorically that she is not under any illegal detention or confinement. She admits that earlier it was contemplated that the marriage between her and the petitioner must take place; but it has subsequently been decided that the alleged detenue does not want to have any relationship with the petitioner. She responded to a specific query from us that she would like to return from this Court along with her father, the 1st respondent. 6. In a petition for issue of writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal confinement or detention. We are W.P. (Crl) No.435 of 2011 -: 3 :- satisfied that the alleged detenue is not under any such illegal detention or confinement now. We are, in these circumstances, satisfied that this petition only deserves to be dismissed. 7. In the result: (a) This writ petition is dismissed. (b) The alleged detenue Anju is permitted to leave this Court along with the 1st respondent, her father, as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge