IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(Crl.).No. 142 of 2009(S) --------------------------- PETITIONER: --------------- MRS.MONICA ESMY DURAM, W/O.REXY DURAM AGED 50 YEARS, RESIDING AT XV/1086 A NAZARATH,KOCHI - 682002 BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENTS: --------------- 1. MR.SUMESH.K.DEVASSI S/O. DEVASSI AGED 30 YEARS, KANAPALLYM RESIDING AT XV/1643 NAZARATH,KOCHI-682002 2. MR.SHYBIN,S/O.JOY AGED AROUND 30 YEARS, MUDAVATHIL HOUSE, NAZARATH, KOCHI-682002. 3. MR.TOLDRIN(TOMY) S/O. ANTONY AGED ABOUT 30 YEARS, POOPANA HOUSE, H.NO.XI/956,ST.JOHN PATTOM, KOCHI -682001 4. MR.JAYESH,S/O.K.K.JOSEPH AGED ABOUT 30 YEARS, KALATHIPARAMBIL HOUSE, NAZARATH, KOCHI -682002. 5. THE COMMISSIONER OF POLICE,KOCHI CITY. 6. THE CIRCLE INSPECTOR OF POLICE, CUSBA POLICE STATION,PALLURUTHY, KOCHI-682002 7. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR ADV. SMT.C.G.PREETHA FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.142 of 2009 ------------------------------------- Dated this the 22nd day of May, 2009 JUDGMENT BASANT, J. Petitioner has filed this Writ Petition for issue of a writ of habeas corpus to procure and produce before the Court her daughter Ms.Tannia Duram, admittedly a major, aged about 20 years. The petitioner contended that her daughter was illegally taken away in the custody of respondents 1 to 4. The police were not taking proper action, it was alleged. 2. The Writ petition was admitted and notice was ordered to the respondents. Ms.Tannia Duram, the alleged detenu and the 1st respondent had appeared before Court on 06.04.2009. The Bench which dealt with the matter had permitted Ms.Tannia Duram to go with her parents. As directed by that Bench, the said alleged detenu has appeared before the Court today. 3. The 1st respondent has entered appearance and has filed a counter statement. He raises the contention that he and the alleged detenu are legally married and were living as W.P(Crl.) No.142 of 2009 2 husband and wife. She being an adult and she having validly and voluntarily entered matrimony with him, it is submitted that this petition is not maintainable. Along with the counter affidavit filed by him, copy of a marriage certificate has been produced. 4. In the nature of the circumstances of the case, we felt that an independent, uninfluenced and unbiased version of the alleged detenu must be ascertained. When the case was called in the morning, she was present. The others were directed to withdraw from the Court. She was left alone to make cool reflection and convey to the Court her stand in the matter. We have interacted with the alleged detenu in the Chambers also. After lunch, her wishes were ascertained in the Court. Both in the Chambers and in the open Court she asserted that she wants to go back along with her parents and she does not want to go with the 1st respondent now. She wants to write her exams. She however proceeded to assert that she had left her house on her own on account of various reasons and not under the compulsion or inducement of anyone. 5. It having been stated by the alleged detenu unambiguously (and we are satisfied that she has expressed herself without any influence or coercion) that she wants to go W.P(Crl.) No.142 of 2009 3 back with her mother, the petitioner herein and her father, who is also present in Court, we are satisfied that no further directions are necessary in this Writ Petition. Proceedings in this Writ Petition is accordingly closed. The alleged detenu Ms.Tannia Duram is permitted to leave the Court with the petitioner her mother as desired by her. 6. This Writ Petition is accordingly allowed to the above extent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-