IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(Crl.).No. 419 of 2011(S) --------------------------- PETITIONER(S): --------------- SYAM V., AGED 24 YEARS, S/O.VIJAYAN, SHALI BHAVAN, AVANEESWARAM, PUNALUR, KOLLAM. BY ADV. SRI.SYAM J SAM RESPONDENT(S): --------------- 1. DISTRICT SUPERINTENDENT OF POLICE (RURAL), KOLLAM-691006. 2. SUB INSPECTOR, KOTTARAKKARA POLICE STATION, KOLLAM-691006. 3. CHANDRASEKHARAN PILLAI, MANGALATHUVEEDU, ASRAMAM NAGAR, CHENGAMANDU, KOTTARAKKARA, KOLLAM DISTRICT, PIN-691506. BY G.P.SRI.P.K.BABU FOR R1 & R2 ADV.SRI.K.V.ANIL KUMAR FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 419 of 2011(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: RECEIPT DATED 27.7.2011 ISSUED BY SRO, PUNALUR. EXT.P2: THE PHOTOGRAPHS OF THE PETITIONER AND DETENUE. EXT.P3: TRUE COPY OF THE COMPLAINT DATED 10.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL TKS // TRUE COPY // P.S. TO JUDGE THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.P.(Crl.)No.419 of 2011 ---------------------------------------- Dated this the 22nd day of September, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. The alleged detenue is present. She admits having given a notice for intended marriage under the Special Marriage Act with the petitioner. She says that she does not intend to carry on with that notice and enter into matrimony. She expressed her desire to go with her parents and says that she is not interested to go with the petitioner. We have interacted with her and found that she is well oriented. She is candid in her words and has made statements voluntarily. We do not find any ground to hold that the alleged detenue is under illegal detention. 2. We record the request of the alleged detenue that the petitioner may return any photograph of the alleged detenue that he has. We record this statement only to ensure that the alleged detenue and her parents will have this judgment in support of any allegation by them as to harassment, if it happens in future. In all WP(Crl.).No.419/2011 2 propriety, it would be fit for the petitioner to return the photographs since now the alleged detenue has expressed her intention not to go with him. The writ petition is accordingly closed. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS