IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 16TH AUGUST 2007 / 25TH SRAVANA 1929 WP(Crl.).No. 189 of 2007(S) --------------------------- PETITIONER: ------------ THILAKAN, KALATHIL HOUSE, EZHUPUNNA SOUTH P.O., ALLEPPEY DISTRICT. BY ADV. SRI.K.G.UNNIKRISHNAN NAIR RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, ATTINGAL. 2. K.LALITHA, CHARUVILA VEETTIL, IRALOOR CHUNDU MAMMADI MITHUR MALA, NAGAROOR P.O., THIRUVANANTHAPURAM. R1 BY GOVT.PLEADER SRI C.M.KOMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 16/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.189/2007 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER DTD. 13/7/2007 ADDRESSED TO THE PETITONER BY THE SECRETARY OF THE NAGAROOR GRAMA PANCHAYAT. EXT.P2 TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE THE IST RESPONDENT ON 2/8/2007. TRUE COPY P.S.TO JUDGE P.R. RAMAN & K. HEMA, JJ. = = = = = = = = = = = = = == W.P.(CRL) NO. 189 of 2007 = = = = = = = = = = = = = = = DATED THIS, THE 16TH DAY OF AUGUST, 2007. J U D G M E N T Raman, J. Petitioner seeks for a writ of Habeas Corpus for production of his son Sri.Dines, who is alleged to be under the illegal confinment of the second respondent and persons acting under her. It is alleged that petitioner's son is a Santhi in a temple near Nagaroor. He got acquainted with Sindhu, the daughter of the second respondent and that some documents are created as though a marriage has taken place between the alleged detenue and the said Sindhu. It is alleged that on coming to know about the real facts, the alleged detenue's mother died in the shock. 2. Pursuant to the notice issued, the alleged detenue was produced by the police. We have interacted with him. He has stated that he married Singhu in a temple and subsequently, registered the same in the panchayat office. It is admitted by him that his mother passed away. He states that when he went to his wife's house, he was forced to stay with her brother. Sindhu's brother also was present before this Court. While questioned he denied the allegation and stated that the alleged detenue stayed with him WP(CRL) 189/2007 :2: voluntarily as he had no free access to his house. We are not, in the circumstances, entering in to a finding rather leave it to be decided by the competent forum. But the alleged detenue submitted that he wants to go along with his father. 3. Since the detenue is a major, he is set at free. If there is any case registered by the police, the same may be proceeded with in accordance with law. We also make it clear that the observations made in this judgment will not in any way adversely affect the right of the parties and their contentions in any proceedings pending before the criminal court. The writ petition is closed. P.R. RAMAN, (JUDGE) K. HEMA, (JUDGE) knc/-