IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(Crl.).No. 540 of 2011(S) --------------------------- PETITIONER(S): --------------- NITHIN PRASAD , AGED 23 YEARS S/O.RAJENDRA PRASAD, P.S.BHAVAN, KOOTIKKADA, KOLLAM DISTRICT. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. DIRECTOR GENERAL OF POLICE,LAW & ORDER POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 695 001. 3. THE SUPERINTENDENT OF POLICE OFFICE OF THE SUPDT, OF POLICE KOLLAM 691 001. 4. CIRCLE INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM 691 001. 5. SUB INSPECTOR OF POLICE KOLLAM EAST POLICE STATION, KOLLAM 691 001. 6. SREEVATHSAN, 169 B 11/749, SRUTHI, KOLLAM CORPORATION, KOLLAM 691 002. 7. CHITRA, W/O.SREEVALSAN 169 B 11/749 SRUTHI, KOLLAM CORPORATION KOLLAM 691 002. R1 TO R5 BY ADDL.ADGP SRI.TOM JOSE PADINJAREKKARA. R6, R7 BY ADV. SRI.R.NIKHIL THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.540/11 PETITIONER'S EXHIBITS: EXT.P1:COPY OF THE ELECTION IDENTITY CARD ISSUED BY THE ELECTION COMMISSION TO THE PETITIONER. EXT.P2: COPY OF THE ELECTION IDENTITY CARD ISSUED BY THE ELECTION COMMISSION TO LEKHA, THE ALLEGED DETENUE. EXT.P3: PHOTOGRAPHS OF THE ALLEGED DETENUE WHILE WHE WAS IN PETITIONER'S HOUSE. EXT.P4: COPY OF NOTICE OF INTENDED MARRIAGE. EXT.P5: COPY OF THE OBJECTION FILED BY THE 6TH RESPONDENT ON 14.11.2011. EXT.P6: COPY OF THE NOTICE DATED 17.11.2011. EXT.P7: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P8: COPY OF THE RECEIPT ISSUED BY THE 5TH RESPONDENT. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P(Crl.).No.540 OF 2011 ---------------------------------------- Dated this the 29th day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The petitioner says that he and the daughter of respondents 6 and 7 are in love and had given a notice for intended marriage under the provisions of the Special Marriage Act. He says that respondents 6 and 7 have illegally detained her. The alleged detenue is present. We interacted with her. She owns up having issued the notice. However, she says that whether she would have a marriage in terms thereof or not is yet to be finally decided. We do not see that she is in a mood to go with the petitioner. She says that she is not under illegal detention. We find that she is well oriented and does not need the aid of the petitioner for any assistance to come out from her WPCR.540/11 2 parental home. With this, we see that the alleged detenue is a free person. Accordingly, this writ petition is closed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge kkb.29/11.