IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 16TH APRIL 2010 / 26TH CHAITHRA 1932 WP(Crl.).No. 118 of 2010(S) ---------------------------------- PETITIONER: ------------------- SURESH BABU.K.R,S/O.RAMAKRISHNA KURUP, SWAROOP BHAVAN,CHUZHALI,KALPATTA,WAYANAD-673 121. BY ADV. SRI.C.N.SAMEER RESPONDENTS: -------------------------- 1. UNION OF INDIA, REP. BY SECRETARY DEPARTMENT OF EXTERNAL AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. 2. CONSULATE GENERAL OF INDIA, P.O.BOX NO.737,DUBAI, UAE. 3. PASSPORT OFFICER/P10, PASSPORT OFFICE, KOZHIKODE. 4. STATE OF KERALA REP BY SECRETARY TO GOVERNMENT,NON-RESIDENT KERALITES AFFAIRS DEPARTMENT,THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE,KALPETTA, WAYANAD. 6. SUB-INSPECTOR OF POLICE,KALPETTA POLICE STATION,KALPETTA,WAYANAD. 7. POST REGISTRATION OFFICER,IMMIGRATION WING,CALICUT AIRPORT. 8. P.V.SREENIVASAN,HEAD MASTER, S.K.M.J.HIGHER SECONDARY SCHOOL,KALPETTA. 9. PREETHA.D/O.RADHA,S.H.NURSERY,DWARAKA, MANANTHODDY TALUK, WAYANAD. 10. PREETHA,D/O.BALAN NAMBIAR,PUTHIYAVEED, CHEMBRA, MAHE,PONDICHERY. 11. RADHAKRISHNAN.K.R,S/O.RAMAKRISHNANKURUP, SARO NIVAS,PINANGAD ROAD,KALPETTA,WAYANAD. 12. OMANA AMMA.V.K,W/O.RAMAKRISHNA KURUP, SARO NIVAS,PINANGAD,KALPETTA. ADV. SRI.M.P.ASHOK KUMAR FOR R9-12 SMT. SMITHA, GOVERNMENT PLEADER. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 118 of 2010(S) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE COMPLAINT DATED 8/6/2009 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDNT. EXHIBIT P2: TRUE COPY OF THE RECEIPT DATED 8/6/2009 ISSUED BY THE 6TH RESPONDENT. EXHIBIT P3: TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT P4: TRUE COPY OF CERTIFICATE OF BIRTH ISSUED BY THE MAHE MUNCIPALITY DATED 21/4/1997. EXHIBIT P5: TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT 2005 ON 26/8/2009 TO THE PUBLIC INFORMATION OFFICER, DISTRICT EDUCATION OFFICE, WAYNAD. EXHIBIT P6: TRUE COPY OF EXTRACT OF THE ADMISSION REGISTER ISSUED BY THE 8TH RESPONDENT DATED 17/9/2009. EXHIBIT P7: TRUE COPY OF THE REPLY DATED 17/9/2009. EXHIBIT P8: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF EDUCATION, WYNAD DATED 19/9/2009. EXHIBIT P9: TRUE COPY OF LETTER DATED 23/9/2009 ISSUED BY DDE WYNAD TO THE PETITIONER. EXHIBIT P10: TRUE COPY OF LETTER DATED 13/10/2009 TO THE PETITIONER BY 8TH RESPONDENT. EXHIBIT P11: TRUE COPY OF REPLY GIVEN TO THE PETITIONER BY 4TH RESPONDENT DATED 20/10/2009. EXHIBIT P12: TRUE COPY OF COMMUNICATION DATED 26/10/2009 SENT TO THE 2ND RESPONDENT BY 4TH RESPONDENT. EXHIBIT P13: TRUE COPY OF COMMUNICATION DATED 3/11/2009 GIVEN TO 2ND RESPONDENT BY 4TH RESPONDENT. EXHIBIT P14: TRUE COPY OF REPRESENTATION DATED 3/11/2009 PUT BY 2ND RESPONDENT BEFORE MINISTRY OF FOREIGN AFFAIRS DUBAI OFFICE. EXHIBIT P15: TRUE COPY OF REQUEST UNDER RTI ACT DATED 23/1/2010 SENT TO THE 7TH RESPONDENT BY THE PETITIONER. EXHIBIT P16: TRUE COPY OF LETTER DATED 25/1/2010 SENT TO PETITIONER BY 7TH RESPONDENT. EXHIBIT P17: TRUE COPY OF LETTER DATED 25/2/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXHIBIT P18: TRUE COPY OF LETTER DATED 3/3/2010 SENT TO THE PETITIOER BY THE 3RD RESPONDENT. /TRUE COPY/ P.A. TO JUDGE scm K.T.SANKARAN & S.SIRI JAGAN JJ. ------------------------------------------- W.P(Crl.) No.118 of 2010 ------------------------------------- Dated this the 16th day of April, 2010 JUDGMENT K.T.SANKARAN, J. The petitioner, the father of the alleged detenu complains that his daughter was illegally detained by respondent Nos. 9 to 12. Respondent No.10 is the mother of the detenu. Respondent No. 11 is the paternal uncle of the detenu and respondent No.12 is her grandmother. It is alleged in the Writ Petition that the detenu was taken to a Gulf Country by the 9th respondent. The 9th respondent is none other than the daughter of the sister of the mother of the detenu. The petitioner has a case that his daughter went abroad after obtaining passport, at a time she was minor. He made several representations to the authorities and filed a petition under the Right to Information Act before the Headmaster of the school. Ultimately, the passport of the detenu was impounded. She was forced to come to India. 2. Respondents 8 to 12 and the detenu appeared before the Court. The detenu, Babitha, stated that she is residing with her mother on her own free will and that she is absolutely free. W.P(Crl.) No.118/ 2010 2 She also submits that she lost her job in Dubai. 3. A Counter affidavit is filed by respondent No.10. In paragraph (2) of the Counter affidavit, it is stated thus: The petitioner is conducting a workshop. He married me in 1991. We have 3 daughters. My eldest daughter Babitha is aged 19 years. She is employed in Dubai. My other 2 daughters Archana and Anjali are studying in Palloor Govt. School, Mahe. The petitioner is residing alone at Kalpetta. He is a drunkard and used to physically assault me and my daughters. On many occasions he attempted to misbehave and outrage the modesty of my elder daughter Babitha. When I questioned this, he turned inimical towards me. Thereafter, the relationship between me and the petitioner got strained. In October 2008 during night time, he attempted to outrage the modesty of my daughter and she was forced to defend her honor by using force. On that night, the petitioner thrown me and daughters out of his house and we got shelter in the house of my mother in law. 4. Since, it is fairly clear that Babitha is not under illegal detention, the Writ Petition fails. The Writ Petition is accordingly, dismissed. K.T.SANKARAN, JUDGE S.SIRI JAGAN, JUDGE scm