IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 WP(Crl.).No. 43 of 2008(S) -------------------------- PETITIONER: ------------ M.MANU,PLARKATTUPOTTA, MANNAMTHALA, NALANCHIRA,THIRUVANANTHAPURAM. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------- 1. SUPERINTENDENT OF POLICE (RURAL) THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE NEDUMANGAD,THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE VALIAYAMALA, THIRUVANANTHAPURAM. 4. R.JAYANTHAN NAIR 'JAYA VILASOM' KARANTHALA KARIPPOOR PO THIRUVANANTHAPURAM. 5. RAMKUMAR J @ VIJEESH 'JAYA VILASOM, KARANTHALA, KARIPPOOR PO, THIRUVANANTHAPURAM. R1 & R2 BY GOVT.PLEADER SRI C.M.KAMMAPPU R4 & R5 BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).NO.43/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER DTD. 1/11/07. EXT.P2 TRUE COPY OF THE LETTER DTD. 11/11/07. EXT.P3 TRUE COPY OF THE MARRIAGE PHOTOGRAPH. EXT.P4 TRUE COPY OF A NOTE BY THE REMYA. P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- W.P.(Crl)NO.43 OF 2008 -------------------------------- Dated this the 13th day of February, 2008 JUDGMENT Raman, J. Petitioner alleges that Ramyasree, the alleged detenue, is his wife and he has been forcefully deprived of her for the reason that the marriage with her was without the consent of her parents and further is an inter-caste marriage. It is further alleged that respondents 4 and 5, who are the father and brother of the alleged detenue, have forcefully taken her by creating a scene of terror and further he was implicated in a false criminal case. 2. It is admitted in paragraph 3 of the writ petition that the 4th respondent, who is the father of the alleged detenue, had preferred a complaint before the police, when her daughter was found missing, that subsequently the police came for enquiry and the petitioner and the alleged detenue are stated to have surrendered before him on 15/1/2008. The statement of the Ramyasree was recorded and a crime was also registered against the petitioner and later he was produced before the Magistrate and was remanded to custody. Subsequently, he -2- WP(Crl).No.43/2008 was released on bail. It is alleged that the 4th respondent is a retired Police Officer and has got considerable influence in the department and that the implication of the petitioner in a crime is because of the influence exerted by him. 3. Pursuant to the notice issued, the 3rd respondent produced the alleged detenue before us. We have interacted with the alleged detenu as also the petitioner. The alleged detenue stated that her date of birth is 1/6/1990. The learned Government pleader made available a copy of the Secondary School Leaving Certificate, which shows that the date birth of the alleged detenu is 1/6/1990. The learned counsel for the petitioner however disputes the correctness of the said date of birth, but no materials are produced. The alleged detenue, Ramyasree stated that she is now living with her parents, she is not under their illegal custody, she is in love with the petitioner and that she went along with him on her own volition and not out of any force exerted by the petitioner. 4. Since the alleged detenue is prima facie found to be a minor and -3- WP(Crl).No.43/2008 she stated that she is not under the illegal custody, we close this writ petition. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.