IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(Crl.).No. 268 of 2008(S) --------------------------- PETITIONER: ------------------- V.P.JOSEPH, S/O.PAPPU, VEMMATTIKKARA, JANATHA ROAD, VYTTILA, KOCHI. BY ADV. SMT.K.SUNITHA VINOD RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, PANANGAD POLICE STATION, PANANGAD. 3. SANOJ P.S., S/O.SISUPALAN, POOLATHUTHUNDI, NEAR MANAMEL TEMPLE, JANATHA ROAD, VYTTILA, KOCHI. 4. SISUPALAN, POOLATHUTHUNDI, NEAR MANAMEL TEMPLE, JANATHA ROAD, VYTTILA, KOCHI. R1 & R2 BY GOVT.PLEDER SMT.M.K.PUSHPALATHA BY ADV. SRI.K.V.SABU FOR R3 & 4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.268/2008 APPENDIX RESPONDENTS' EXTS: EXT.R4A COPY OF THE PHOTOGRAPHS OF THE MARRIAGE. EXT.R4B COPY OF THE RECEIPT GIVEN BY THE TEMPLE AUTHORITIES. EXT.R4C COPY OF THE HOROSCOPE. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.268 OF 2008 -------------------------------- Dated this the 5th day of August,2008 JUDGMENT Raman,J. Petitioner alleging that his daughter, Neethu is under the illegal custody of respondents 3 and 4, and had kidnapped/ abducted her, has filed this writ of habeas corpus for a direction to produce the corpus of the alleged detenue, Neethu and to release her free. 2. It is alleged that the petitioner's family consists of his son and daughter. Petitioner's wife died on 9th August, 2007. His daughter Neethu was studying for final year B.A. Economics in St. Pauls College, Kalamassery. Her date of birth is 21/1/1988. She was found missing from 27/7/2008 onwards. On that day his daughter Neethu left home to offer prayers in the nearby church; but she did not return. A complaint made to the police did not evoke any response. Hence this writ petition. It is also averred that -2- WP(Crl).No.268/2008 Neethu and the 3rd respondent are neighbours. The 3rd respondent had visited the house of the petitioner, when his wife was ill and she was treated as though like a son. Respondents 3 and 4 belong to Hindu Dheevara Community following the customs of Hinduism. It is also alleged that the 3rd respondent's date of birth is 6/1/1988 and therefore he is not eligible to have a valid marriage. 3. Pursuant to the notice issued and a direction to appear in person, the alleged detenue appeared before us. We have interacted with her and she stated that she was studying for final year B.A in St.Pauls College, Kalamassery. According to her, she married Sanoj on 28/7/2008 at Chottanikkara Devi Temple and some marriage photograps were also shown. She had already become a major. According to her, husband Sanoj has completed 21 years of age and his date of birth is 5/5/1987. But there is no acceptable evidence produced by him. We permitted the petitioner to interact with Neethu for quite some time. It is stated that the death anniversary of the petitioner's wife is on 9th August, 2008. We -3- WP(Crl).No.268/2008 advised the girl to attend the same as is the wish of the father. In the light of the fact that the petitioner's daughter, Neethu is already a major and she having stated that she is not under the illegal custody of anybody, she is set free. Writ Petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.