IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(Crl.).No. 261 of 2007(S) --------------------------- PETITIONER: PETITIONER ---------------------- SANTHA,D/O.AYYAPPAN, AGED 32 YEARS AYYAMKULANGARA HOUSE, PULIKKAMALI PO, MULANTHURUTHY. BY ADV. SRI.T.K.AJITHKUMAR (VALATH) RESPONDENTS: RESPONDENTS ------------------------ 1. CHANDRAN FATHERS NAME NOT KNOWN, AGED 50 YEARS, AMBIKA NIVAS, EROOR DESOM, EROOR P.O., TRIPPOONITHURA. 2. A,BIKA,W/O. CHANDRAN AGED 48 YEARS AMBIKA NIVAS, EROOR P.O., TRIPPOONITHURA. 3. THE CIRCLE INSPECTOR OF POLICE HILLS PALACE POLICE STATION TRIPPOONITHURA. BY ADV. SRI.P.GOPINATH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL) NO.261/2007 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF THE MARRIAGE RECEIPT DT. 10.9.2007 WITH TRANSLATION. EXT.P2 : TRUE COPY OF THE COMPLAINT DT. 3.9.2007 BY THE PETITIONER. RESPONDENTS' EXHIBITS : EXT.R1A TRUE COPY OF THE BIRTH CERTIFICATE DT. 4.6.1987 ISSUED BY THE SUB REGISTRAR OF BIRTHS AND DEATHS, CHOTTANIKKARA PANCHAYATH. EXT.R1B TRUE COPY OF THE ORDER IN CRL.M.P.NO.3901/07 IN CRIME NO.619/07 OF HILL PALACE POLICE STATION DT. 15.10.2007. EXT.R1C TRUE COPY OF THE REPORT DT. 15.11.2007. P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 261 OF 2007 = = = = = = = = = = = = = = = = = = DATED THIS, THE 3RD DAY OF JANUARY, 2008. O R D E R Raman, J. This is a writ petition filed by one Santha. It is averred that Mr. Subhash, the alleged detenu and herself got married on 4.9.2007 as per the Hindu Religious Ceremonies in a Temple at Palani. Ext. P1 receipt is produced in support thereof. According to the petitioner, both of them lived as husband and wife for forty one days at Palani and after that they returned. Thereafter, her husband Subhash was taken away by Respondents 1 and 2 against his wish and he is illegally detained by them. 2. A counter affidavit is filed denying the allegations in the writ petition. A 'man missing' case was filed by the father of the alleged detenu based on which the Additional Chief Judicial Magistrate, Ernakulam, passed an order on 15.10.2007, in Crl. M.P. 3907/2007 in Cr. 619/2007 of Hill Palace Police Station. A copy of the said order is produced as Ext.R1 (B) along with the counter affidavit. It is seen that as per the said order, the alleged detenu was admitted in the Medical Trust Hospital, Ernakulam WP(CRL). 261/07 :2: under the care of Dr. C. J. John, Head of Department of Psychology in order to give necessary counseling and to file a report after his observation during the required period. The case was then posted to 15.10.2007. It appears that no further orders were passed on that day and the case is posted to February, 2008. It was in the mean time that the present writ petition was filed. 3. We have interacted with the parties as well as the alleged detenu. Prima facie, it does not appear that Subhash, the alleged detenu is suffering from any psychological imbalance so as to rouse any suspicion regarding the statement given before us about his state of mental capacity. We understood that he is not happy to stay with his parents. 4. In the facts and circumstances and taking note of the orders passed by the Magistrate Court as well as the medical report produced in the case, we think it is appropriate to admit the alleged detenu in an Ashramam in a free and peaceful atmosphere for a period of two weeks, so as to enable us to form an opinion as to the further steps to be taken in the matter after interaction. This was suggested to the parties and both sides have agreed. 5. Accordingly, it was suggested that the alleged detenu can be admitted in "Advaithashramam", Aluva, for a period of two weeks. The expense incurred will be met by the first respondent herein. Neither parties shall have contact with the alleged detenu during the said period nor shall WP(CRL). 261/07 :3: there be any outside interference except as permitted in para 6 hereunder. If any such interference is made, it is open to the Ashramam Authorities to request for necessary help to the Circle Inspector of Police, Aluva, who shall render necessary assistance so as to enable the alleged detenu to have a peaceful stay in the Ashramam during the above period. 6. Learned counsel appearing for Respondents 1 and 2 and also the counsel appearing for the petitioner can accompany the alleged detenu for admitting him in the Ahsramam. They are also permitted, if found necessary, to enquire about the welfare of the alleged detenu during the above said period, after informing the Ashramam authorities. Post the case on 18.1.2008. The Circle Inspector of Police, Aluva shall produce the alleged detenu before this Court on that day. A copy of this order shall be issued to both sides. One copy shall be served on the Ashramam Authorities. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-