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 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(Crl.).No. 177 of 2010(S) --------------------------- PETITIONER(S): --------------- A.V.SALEEM, S/O.HASSAN, MARVAS HOUSE, AVIKKAL VADAKARA BEACH P.O., VADAKARA, KOZHIKODE DISTRICT. BY ADV. SRI.M.MUHAMMED SHAFI RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, RURAL, KOZHIKODE DISTRICT. 2. THE SUB INSPECTOR OF POLICE, VADAKARA POLICE STATION, VADAKARA, KOZHIKODE DISTRICT. 3. VAISAKH N.V., AGED 22 YEARS, S/O.PURUSHU, VARAYYANTE VALAPPIL HOUSE, KURIYADI, P.O.CHORODE, VADAKARA, KOZHIKODE DISTRICT. 4. PURUSHU, VARAYYANTE VALAPPIL HOUSE, KURIYADI, P.O.CHORODE, VADAKARA, KOZHIKODE DISTRICT. 5. MANI, W/O.PURUSHU, VARAYYANTE VALAPPIL HOUSE, KURIYADI, P.O.CHORODE, VADAKARA, KOZHIKODE DISTRICT. ADV. SRI.GEORGE KARITHANAM VARGHESE FOR R4&5 SRI.JOSEPH A.VADAKKEL FOR R4&5 SRI.JOSE KURIAKOSE (VILANGATTIL) FOR R4&5 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. * * * * * * * * * * * * * * * W.P(Crl.)No.177 of 2010 * * * * * * * * * * * * Dated this the 28th day of May, 2010 JUDGMENT BASANT, J. The petitioner has come to this court for issue of a writ of habeas corpus to search for, trace and produce his minor daughter Fathima, aged 16 years (date of birth : 25/3/1994). She has already passed the S.S.L.C. examination. She was found missing from 06/05/2010. Crime was registered on 07/05/2010 and the petitioner had come before this court on 18/5/2010 as his minor daughter was not traced by them. It was the apprehension of the petitioner that the 3rd respondent, a young autorickshaw driver aged 22 years, in collusion with his parents, respondents 4 and 5, is illegally detaining and confining the alleged detenue. 2. This petition was admitted on 18/5/2010. The matter came up on 24/5/2010. The alleged detenue was not produced. Accordingly, the case was posted to this date. 3. Today when the case is called, the petitioner and his wife are present. The petitioner is represented by his counsel. The alleged detenue, Fathima has come to court along with her W.P.(Crl) No.177/10 2 parents. Respondents 4 and 5 are represented by their counsel. 4. The learned Government Pleader submits that the alleged detenue, along with the 3rd respondent, was traced on 26/5/2010 from Salem. The alleged detenue was produced before the learned Magistrate. She, being a minor and as agreed by her, the learned Magistrate had allowed the alleged detenue to go with her parents. It is accordingly that the alleged detenue has today appeared in court along with her parents. 5. We interacted with the alleged detenue alone initially and later in the presence of her parents. She is a minor and we note that the alleged detenue is now willing to return along with her parents, with whom she has come to court. She states that she will, at the moment, return with her parents. The question of her marriage shall be decided after she attains the age of 18 years. The petitioner and his wife submit and undertake before this court that until the alleged detenue attains the age of 18 years, she shall not be given away in marriage and after she attains the age of 18 years, she shall be given in marriage only with her consent. These submissions and undertakings are recorded. 6. The learned counsel for respondents 4 and 5 submit that the son of respondents 4 and 5, the 3rd respondent, a young W.P.(Crl) No.177/10 3 person aged 22 years, is now in custody. The learned counsel prays that it may be ensured that the 3rd respondent is not vexed, harassed and detained unnecessarily. The learned Government Pleader submits that action has been taken against the 3rd respondent in accordance with law. The police are satisfied that there has been no sexual intercourse between the alleged detenue and the 3rd respondent and that the needful shall, in these circumstances, be done in connection with the crime that has been registered, submits the learned Government Pleader. 7. This writ petition is, in these circumstances, allowed. The alleged detenue is permitted to leave the court along with her parents, as desired by her. We repeat that we have specifically recorded and accepted the undertaking of the petitioner and his wife that the alleged detenue shall not be given away in marriage till she attains the age of 18 years and that thereafter she shall be given away in marriage only with the consent of the alleged detenue. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr // True Copy// PA to Judge W.P.(Crl) No.177/10 4