IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(Crl.).No. 271 OF 2008(S) PETITIONER: ------------ ASHA.K.R, AGED 25 YEARS, W/O.PRASANTH, NOW RESIDING AT PUTHUSSERIKAVIL, KIDANGOOR.P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.B.SURESH RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HOME, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE CIRCLE INSPECTOR OF POLICE, KAZHAKKOOTTAM, TRIVANDRUM DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, PANDALAM, PATHANAMTHITTA DISRICT. 4. SMT.GEETHAKUMARI, AGED 58 YEARS, W/O.LATE SASIDHARAN NAIR, "GEETHANJALI", KATTUVILAKAM, MELECHANDAVILA, KATTAYIKONAM.P.O, TRIVANDRUM DISTRICT. 5. SHRI.PRAMOD, AGED 30 YEARS, S/O.SASIDHARAN NAIR, K.S.R.T.C, CONDUCTOR, RESIDING AT GEETHANJALI, KATTUVILAKAM, MELECHANDAVILA, KATTAYIKONAM.P.O, TRIVANDRUM DISTRICT. WP(CRL.) 271/2008 6. SHRI.PRAJOD, AGED 28 YEARS, S/O.SASIDHARAN NAIR, RESIDING AT GEETHANJALI, KATTUVILAKAM, MELANCHANDAVILA, MATTAYIKONAM.P.O, TRIVANDRUM DISTRICT. 7. SHRI.PRASANTH, AGED 25 YEARS, S/O.SASIDHARAN NAIR, RESIDING AT GEETHANJALI, KATUVILAKAM, MELECHANDAVILA, KATTAYIKONAM.P.O., TRIVANDRUM DISTRICT. GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL) 271/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTO COPY OF THE IDENTITY CARD ISSUED BY TEXPORT INDUSTRIES PVT. LTD., TRIVANDRUM, TO THE PETITIONER'S HUSBAND -PRASANTH. EXT.P2 TRUE PHOTO COPY OF THE REPRESENTATION TO THE HOME MINISTER OF KERALA, BY THE PETITIOENR, DATED 10.5.2008. ANNEXURE R2(a) STATEMENT GIVEN BY PRASANTH. ANNEXURE R2(b) COPY OF THE ORDER DATED 18.7.2008, HONOURABLE SESSION JUDGE, PATHANAMTHITTA. ANNEXURE R2(c) COPY OF OFFICIAL MEMORANDUM GRANTING BAIL OF JUDGMENT FIRST CLASS MAGISTRATE COURT, ADOOR, DATED 7.8.2008. ANNEXURE R2(d) MARRIAGE CERTIFICATE, DATED 7.8.2008. ANEXURE R2(e) COPY OF FIR. P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = WP(CRL) 271 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 18TH DAY OF AUGUST, 2008. J U D G M E N T Raman, J. Petitioner alleges that her husband who is the 7th respondent in this writ petition, is kept under illegal custody. At the time of admission, in the absence of any prima facie case, we directed the second respondent to conduct a discrete enquiry and file a report. Accordingly, a report is filed by the second respondent which shows that the 7th respondent himself has approached the Sessions Court, Pathanamthitta for anticipatory bail, that bail was granted on 18.7.2008, and thereafter, he surrendered before the Judicial First Class Magistrate Court, Adoor on 7.8.2008. It is further stated that the 7th respondent came to the police station and his statement was recorded by the second respondent. The statement recorded by the police shows that the 7th respondent was not in love with Asha, the petitioner herein; but she compelled him to marry her. It is also stated that the enquiry reveals that the 7th respondent is not in the custody of anyone and this is established by the fact that he was granted anticipatory bail by the Sessions court on 18.7.2008 and then on 7.8.2008 he surrendered before the WP(CRL) 271/2008 :2: Judicial First Class Magistrate Court, Adoor and thereafter, he appeared before the Police Station. In such circumstances, we close this matter without prejudice to the right of the petitioner, if any, to approach any other forum for redressing her grievance, if any. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-