IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 22ND NOVEMBER 2011 / 1ST AGRAHAYANA 1933 WP(Crl.).No. 533 of 2011(S) --------------------------- PETITIONER(S): --------------- SULAIMAN,AGED 38,S/O.ABUBAKAR, RESIDING AT CHERUTHOTTUPURATH VEEDU, AKALAD,PUNALOOR,CHAVAKKAD,THRISSUR DISTRICT. BY ADV. SRI.C.M.KAMMAPPU RESPONDENT(S): --------------- 1. THE SUPERINTENDENT OF POLICE, THRISSUR 680 001. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THRISSUR 680 001. 3. THE CIRCLE INSPECTOR OF POLICE, CHAVAKKAD POLICE STATION,THRISSUR 680 506. 4. THE SUB INSPECTOR OF POLICE, CHAVAKAD POLICE STATION,THRISSUR 680 506. 5. KABEER,S/O.ABUBAKER,CHALLIYIL HOUSE, EDAKKARA,PUNALOOR, CHAVAKKAD ,THRISSUR 680 506. 6. FATHIMA,W/O.KABEER, CHALLIYIL HOUSE, EDAKKARA, PUNALOOR, CHAVAKKAD ,THRISSUR 680 506. 7. MAMU,S/O.ABUBAKER,CHALLIYIL HOUSE, EDAKKARA, PUNALOOR, CHAVAKKAD ,THRISSUR 680 506. R1 TO R4 BY ADDL. A.G. SRI.K.A.JALEEL R5 TO R7 BY ADV.SRI.RAJIT THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(Crl.).533/11 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF PHOTOGRAPHS OF THE DETENUE AND THE PETITIONER. EXT.P2: TRUE COPY OF LETTER WRITTEN BY THE DETENUE TO THE PETITIONER. EXT.P3: TRUE COPY OF MEDICAL BILLS AND SCAN REPORT OF THE DETENUE. EXT.P4: TRUE COPY OF THE COMPLAINT MADE BY THE PETITIONER BEFORE RESPONDENTS 1 TO 4. EXT.P5: TRUE COPY OF THE ACKNOWLEDGEMENT CARD. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B.RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ----------------------------------- W.P(Crl.).No.533 OF 2011 ------------------------------------ Dated this the 22nd day of November, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. The petitioner came here saying that he and the daughter of respondents 5 and 6 are in love and they lived together and she is pregnant. We, therefore, issued notice. The alleged detenue is present. She tells us candidly that she was duped and lured into the situation where she is now pregnant. She says that there was no marriage between her and the petitioner and that she does not want to go with him. We record all this. We are not persuaded to take that there is a valid marriage between the petitioner and the alleged detenue. Even the petitioner does not have such a case. However, we take it that he owns up the foetus in the womb of the alleged detenue. WPCR.533/11 2 We interacted with the alleged detenue and we find that she is well oriented. We record the statement of the alleged detenue that her certificates, including SSLC book and some photographs are with the petitioner. We direct the petitioner to forthwith return all of them under due acknowledgment to the counsel appearing for respondents 5 and 6. This shall be done within a period of one week. We do not think that the alleged detenue is under illegal detention. Hence we close this writ petition, without entering on merits. It will be open to the alleged detenue or the petitioner to pursue remedies if there is any further grievance. We further direct that the police will provide protection as may be found necessary for respondents 5 to 7 and the alleged detenue. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- C.T.RAVIKUMAR, Judge. kkb.22/11.