IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(Crl.).No. 104 of 2011(S) ------------------------------------ PETITIONER(S): ---------------------- NISHAM S/O. NISSAR, AGED 24 YEARS, RESIDING AT AL SALAH, HOUSE NO.13/97, KAPPIL, EDAVA PANCHAYAT, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.ABHIJETT LESSLI RESPONDENT(S): ----------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL, THIRUVANANTHAPURAM-695001. 2. THE SUB INSPECTOR OF POLICE, VARKALA POLICE STATION, VARKALA, THIRUVANANTHAPURAM-695145. 3. YAFFERUDEEN, AGED ABOUT 48 YEARS, RESIDING AT NOORUL BAITH, AYIROOR.P.O., VARKALA, THIRUVANANTHAPURAM-695310. 4. BABY NASEEMA, W/O. YAFFERUDEEN, AGED ABOUT 40 YEARS, RESIDING AT NOORUL BAITH, AYIROOR.P.O., VARAKALA, THIRUVANANTHAPURAM-695310. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.C.M.KAMMAPPU R3 & R4 BY ADV. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.S.MEERA SMT.M.G.AISHWARYA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 104 of 2011(S): PETITIONER'S EXHIBITS: EXT.P1.TRUE PHOTOCOPY OF THE ELECTORAL IDENTITY CARD OF THE PETITIONER ISSUED BY THE ELECTION COMMISSION OF INDIA. EXT.P2. TRUE PHOTOCOPY OF THE PETITION DATED 28.2.2011 SUBMITTED BEFORE THE 2ND RESPONDENT. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.104 of 2011-S ---------------------------------------------- Dated, this the 25th day of March, 2011 J U D G M E N T K.M.Joseph, J. This writ petition for Habeas Corpus is filed seeking production of the daughter of respondents 3 and 4. Detention is alleged against respondents 3 and 4. 2. Pursuant to our order dated 9.3.2011 the alleged detenu is present before us, so also respondents 3 and 4. The parents of the petitioner were also present. The alleged detenu reiterates that she wants to marry the petitioner. The parents of the petitioner are agreeable for the marriage between the petitioner and the alleged detenu. Respondents 3 and 4 are also agreeable to having the marriage between the petitioner and the alleged detenu conducted tomorrow, ie on 26.3.2011 before 8 P.M. In the circumstances of the case and particularly having regard to the wish of the alleged detenu we pass the following order. 3. The alleged detenu shall reside in the Santhi Niketan Hostel, Near Lourde Hospital, Pachalam, Ernakulam WPCR 104/2011 -2- District where she has been residing till 26.3.2011. We are allowing the alleged detenu to go with respondents 3 and 4 on on 26.3.2011 on the assurance that they will conduct her marriage on 26.3.2011. The alleged detenu will go with respondents 3 and 4 to Varkkala where the marriage is to be held as assured by respondents 3 and 4 before 9 A.M on 26.3.2011. In the circumstances of the case we further direct that a police constable not in uniform shall accompany respondents 3 and 4 when they take the alleged detenu. Call this case on 28.3.2011 for reporting the marriage and production of marriage certificate. (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS