IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(Crl.).No. 259 of 2008(S) --------------------------- PETITIONER: ----------------- S.P.BASHEER, S/O.BAVA BASHEER, AGED 59 YEARS, ANJU MANZIL, KAMBIYIL, ALISSERY WARD, ALAPPUZHA. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ---------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY O GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, KOLLAM. 3. DEPUTY SUPERINTENDENT OF POLICE, KARUNAGAPPALLY. 4. CIRCLE INSPECTOR OF POLICE, KARUNAGAPPALLY. 5. SUB INSPECTOR OF POLICE, CHATHANNUR. 6. SUB INSPECTOR OF POLICE, PATHANAPURAM. 7. SHAJU SHERIEF, AGED 28 YEARS, MOHAMMED SHERIEF, SHAJU MANZIL, PATHIRICKAL, EDATHARA, KALANJOOR P.O, PATHANAPURAM, KOLLAM DISTRICT. R1 TO R6 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(CRL)NO.259 OF 2008 -------------------------------- Dated this the 23rd day of July,2008 JUDGMENT Raman,J. Petitioner seeks for a writ of habeas corpus directing respondents to produce Anjumol, daughter of Mohammad Kochu Kunju and to release her. It is alleged that she is under the illegal custody of the 7th respondent. Further averment made in the writ petition is that the 7th respondent herein had filed a writ petition (W.P.(Crl).No.234/2008) before this Court alleging that his wife is under the illegal custody of her father, who is son of the petitioner herein. In that writ petition it was averred by the 7th respondent herein that he had married the grand-daughter of the petitioner herein under the Special Marriages Act. In that proceeding it was agreed by the son of the petitioner to conduct their marriage in the customary form and so the writ petition was closed. But subsequently, the petitioner's grand-daughter, who was studying for B.E.D. course and admitted in the hostel, was forcefully taken by the 7th respondent herein. Despite the complaint made to the -2- W.P.(CRL)No.259/2008 police, no steps are taken to find out the whereabouts of the alleged detenue and to redress his grievance. 2. Ext.P2 is a copy of the First Information Report dated 12/7/2008. The F.I.R. itself shows that the complaint made to the Police was that the alleged detenue had left the hostel on her own accord. Ext.P2 F.I.R is made based on a complaint made by Majeed Kutty, elder son of the petitioner. Since the petitioner is seeking relief based on the said complaint, he is estopped from raising contention contra to the statement made therein. We find that the allegation made in the writ petition is not supported by the statement made in Ext.P2. If so, we cannot find a prima facie case of any illegal custody. However since there is already a complaint pending investigation, let the law be put in motion to its fruitful end. In the circumstances, the writ petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.