IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(Crl.).No. 58 of 2011(S) ----------------------------------- PETITIONER(S): ---------------------- V.KUMAR, VELAYUDHA BHAVANAM, NEAR SUB REGISTRAR OFFICE, PARASSALA, THIRUVANANTHAPURAM. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL, THYCAUD, THIRUVANANTHAPURAM-695 014. 2. CIRCLE INSPECTOR OF POLICE, PARASSALA POLICE STATION. 695 502. 3. SUB INSPECTOR OF POLICE, PARASSALA POLICE STATION, THIRUVANANTHAPURAM-695 502. 4. MAHESH, S/O.RAJAMANI, MUMMERI VILAKAM PUTHENVEEDU, PARASSALA.P.O., INCHUVILLA, THIRUVANANTHAPURAM-695 502. 5. RAJAMANI @ CHEMBAMANI, DO.. DO... DO.. 695 502. 6. SREE KUMAR @ SREE, PROPRIETOR, DELTA TECH BUILDERS, NJARAVILA, MARTHANDAM, KANYAKUMARI DISTRICT, TAMILNADU. 629 152. 7. BRIJESH, BRIJESH BHAVAN, AYYAPPA NAGAR, PARASSALA, THIRUVANANTHAPURAM. 695 502. R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.KAMMAPPU. R7 BY ADV. SRI.G.SUDHEER R4 & R5 BY ADV. SRI.K.N.CHANDRABABU & SRI.P.R.SHAJI FOR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR.58 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4A. TRUE COPIES OF THE SSLC BOOK SHOWING THE DATE OF BIRTH OF 4TH RESPONDENT MAHESH. EXT.R4B.TRUE COPIES OF THE SSLC BOOK SHOWING THE DATE OF BIRTH OF SMT.RENJU. EXT.R4C.TRUE COPY OF THE CERTIFICATE OF MARRIAGE ISSUED BY KUNNIL SREE SUBRAHMANIA SWAMI KSHETHRA TRUST DATED 30.1.2011. EXT.R4D.TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT NO.457/11 ISSUED FROM THE OTTASEKHARAMANGALAM GRAMA PANCHAYAT. EXT.R4E.TRUE COPY OF THE LETTER SENT THROUGH REGISTERED POST BY SMT.RENJU TO THE 2ND RESPONDENT. EXT.R4F. THE POSTAL RECEIPTS SHOWING THE DESPATCH OF EXT.R4E TO 2ND, 3RD RESPONDENTS AND DEPUTY SUPERINTENDENT OF POLICE, NEYYATTINKARA. EXT.R4G.TRUE COPY OF THE LETTER SENT THROUGH REGISTERED POST BY THE 4TH RESPONDENT MAHESH TO THE 2ND RESPONDENT, CIRCLE INSPECTOR OF POLICE, NEYYATTINKARA. EXT.R4H.THE POSTAL RECEIPT SHOWING THE DESPATCH OF EXT.R4G TO THE 2ND RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.58 of 2011-S ---------------------------------------------- Dated, this the 10th day of February, 2011 J U D G M E N T K.M.Joseph, J. This writ of Habeas Corpus is filed seeking production of the daughter of the petitioner who is alleged to be in the illegal detention of respondents 4 to 7. 2. Today the alleged detenu and the 4th respondent are present. We interacted with them. The parents of the alleged detenu and the parents of the 4th respondent are also present. We interacted with them also. We heard the learned counsel appearing for the parties. 3. The alleged detenu would state that there is no illegal detention and that she has in fact married the 4th respondent and she wants to go with the 4th respondent. We had allowed the parents of the alleged detenu to interact with the alleged detenu. We are of the view that there is no illegal detention as such and that the alleged detenu appears to us to be a free agent. 4. A counter affidavit is also filed by respondents 4 and 5 inter alia stating that there is a marriage which took place on 28.1.2011. A certificate is also produced. In such circumstances we close the writ WPCR 58/2011 -2- petition. 5. Learned counsel for respondents 4 and 5 would raise an apprehension that there may be threat from the petitioner and his men to the alleged detenu and respondents 4 and 5. Learned counsel for the petitioner would submit that there will be no threat from the petitioner or his men to respondents 4 and 5 and to the alleged detenu. We record the said submission. The alleged detenu is permitted to go with the 4th respondent. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS