IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(Crl.).No. 35 of 2011(S) ---------------------------------- PETITIONER(S): ---------------------- JESTINE.O.F, S/O.FRANCIS THOMAS, AGED 29 YEARS, OLATTUPURAM HOUSE, AMBAYATHODU PO, KOTTIYOOR, PALCHURAM, KANNUR DISTRICT. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO SRI.P.A.WAZEEM RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM-676 505. 2. THE DEPUTY SUPERINTENDENT OF POLICE MALAPPURAM-676 505. 3. THE SUB INSPECTOR OF POLICE, MALAPPURAM, POLICE STATION, MALAPPURAM DISTRICT-676 505, 4. P.M.ABDUL RAZAK, S/O.MOIDEENKUTTY HAJI, AGED 50 YEARS, PULLIYIL MADASSERY, MELMURI PO, MALAPPURAM DISTRICT-676 514. R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.KAMMAPPU. R4 BY ADV. SRI.BABU S. NAIR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCRL.NO.35/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE ORDER DATED 3.1.2011 IN WPCR 480/2010 OF THE HON'BLE HIGH COURT. EXT.P2.TRUE COPY OF THE ORDER DATED 10.1.2011 IN WPCRL 480/2010. EXT.P3.TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 11.1.2011. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.35 of 2011-S ---------------------------------------------- Dated, this the 31st day of January, 2011 J U D G M E N T K.M.Joseph, J. Petitioner has approached this Court for a writ of Habeas Corpus seeking production of the alleged detenu namely Jaseela, the wife of the petitioner from the illegal custody of the 4th respondent. 2. Briefly put, the case of the petitioner is as follows. The detenu fell in love with the petitioner and they decided to marry. Notice under the Special Marriage was given on 10.12.2010. In the meantime the 4th respondent approached this Court by filing W.P.(Crl) 480 of 2010. The detenu was directed to stay in the Santhi Nikethan Hostel, near Lurde Hospital, Pachalam, Ernakulam along with her mother. Ext.P1 is the order passed by this Court. Thereafter, the detenu was produced on 10.1.2011 before this Court. Ext.P2 is the order passed by this Court. Ext.P3 is the marriage certificate issued under the Special Marriage Act. There is reference to Crime No.30/2011 of Malappuram Police Station and proceedings before the Judicial First Class Magistrate Court, Malappuram. It is stated that from 13.1.2011 the alleged detenu was in the illegal custody of the 4th respondent. 3. Today, pursuant to the order passed by this Court the alleged detenu was produced before us. We interacted with her. We also interacted with the petitioner. We allowed the petitioner to interact with the WPCRL.35/2011 -2- alleged detenu. We heard the learned counsel for the petitioner and the learned counsel for the 4th respondent besides the learned Government Pleader. The alleged detenu would say that she is not under any illegal detention and that she would like to go with her parent. In view of the fact that the alleged detenu denies her illegal detention by the 4th respondent who is none other than her father and she also says that she would like to go with him, we dismiss this writ petition. But this will be without prejudice to the right of the parties to seek appropriate remedies in the appropriate forum. Learned counsel for the petitioner would submit that the petitioner may be in need of police aid for his life as against the 4th respondent and his men. The learned counsel for the 4th respondent submits that the 4th respondent will not threaten the petitioner. We record the said submission. We also record the submission of the learned Government Pleader that personal protection for the life of the petitioner as against any threat from the 4th respondent and his men shall be provided for one week from today. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS