IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(Crl.).No. 385 of 2011(S) --------------------------- PETITIONER: --------------- MUHAMMED SABEER,S/O.NOOR MUHAMMED, FOUSEENA MANZIL,PARAKUNNAM,PALAKKAD 678 001. BY ADV. SRI.A.R.GANGADAS RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE SUB-INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD-678 014. 3. UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY ADMINISTRATOR, KAVARATHY. PIN-682 555. 4. THE SUPERINTENDENT OF POLICE, KAVARATHY, LAKSHADWEEP. PIN-682 555. 5. MUHASIN.K.P., S/O.C.H.HAMMED, KUNNUMPURA VEEDU, CHELATH, LAKSHADWEEP, SUB-EDITOR, LAKSHADWEEP TIMES, KAVARATHY, LAKSHADWEEP. PIN-682 555. R1 & 2 BY GOVT. PLEADER SHRI. LAKSHMINARAYAN ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN FOR R3-4 SRI.K.P.SUDHEER FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(CRL) 385/2011 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE MARRIAGE CERTIFICATE DT. 10-6-2011 ISSUED BY THE MARRIAGE OFFICER, OLAVAKKODE EXT.P2: -DO- OF THE FIR NO: 326 DT. 10-5-2011 OF KASABA POLICE STATION, KOZHIKODE EXT.P3: -DO- OF THE ORDER OF THE JFCM III KOZHIKODE IN CRIME NO: 326/11 DT. 11.5.2011 IS PRODUCED HEREWITH AND MARKED EXT.P4: -DO- OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE TOWN NORTH POLICE STATION PALAKKAD DT. 3-8-2011. jj /TRUE COPY/ P.S. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & K. SURENDRA MOHAN, JJ. ------------------------------------------------------------ W.P(Crl)NO: 385 OF 2011 ----------------------------------------------------------- Dated this the 5th September, 2011. JUDGMENT Thottathil B. Radhakrishnan, J. The alleged detenue is present before us. Her father and mother are also present. The petitioner and his mother are present. We spoke to the alleged detenue. She says that the so-called marriage between her and the petitioner was a result of deceit and duress. She does not now stand by that relationship. Her reaction to our prompting that she could talk to him was, in the negative. She appears to be well oriented and her statement that she wants to go with her parents is not seen tainted by any undue influence though she has come from her parental home. Leaving open all issues as regards the so-called matrimonial relationship, this writ petition is closed recording that the alleged detenue is not under illegal detention and she will be at liberty to go with her parents if she wishes to go. WP(Crl) 385/2011 2 Since the alleged detenue is produced by the Superintendent of Police, Kavarathy, we order her release from such custody also. THOTTATHIL B. RADHAKRISHNAN Judge K. SURENDRA MOHAN Judge jj/5.9.2011 WP(Crl) 385/2011 3