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 24TH JULY 2009 / 2ND SRAVANA 1931 WP(Crl.).No. 283 of 2009(S) --------------------------- PETITIONER(S): --------------- PHILIP A.X, AGED 31 YEARS, S/O. A.A. XAVIER, ARACKAL HOUSE 1/1474, PATTALAM, FORT COCHIN 682 001. BY ADV. SRI.A.C.DEVY RESPONDENT(S): --------------- 1. CHERIAN ALEXANDER, KARIMPANOOR HOUSE, PANNIVIZHA, ADUR, PATHANAMTHITTA DIST, PIN 691 523. 2. SUB INSPECTOR OF POLICE, ADUR POLICE STATION. 3. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. BY G.P. SRI. K.J. MOHAMMED ANZAR. ADV. SRI.M.N.MATHEW FOR R1 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.283 of 2009-S ------------------------------------------------- Dated this the 24th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man, aged about 31 years, has come to this Court with this petition for issue of a writ of habeas corpus apprehending and complaining that Ms. Sonia Alexander, a B.Tech. graduate, aged about 24 years, with whom the petitioner was allegedly in love, was being illegally detained and confined by her father - the 1st respondent, against her wish, will and desire. 2. This writ petition was filed on 16/7/09. The same was admitted on 17/7/09 and notice was ordered to the respondents. 3. Today, when the matter came up for hearing, the 1st W.P.(Cri) No.283 of 2009-S -: 2 :- respondent is present along with his daughter, the alleged detenue Ms. Sonia Alexander by name. In Court, she told us that she is aged 24 years, she having been born on 28/9/84. She was permitted to remain in the Chamber free from the influence of any one. In response to a specific query put by Court, she stated that she does not want to interact with the petitioner herein. 4. At 1.45 p.m. we interacted with the petitioner, the 1st respondent, the alleged detenue as also their respective counsel. The learned Government Pleader was also present. 5. Ms. Sonia Alexander unambiguously stated to us that she is not under the illegal confinement or detention by any one. She is an adult woman, educated and aged about 24 years. We are satisfied that she makes the statement voluntarily and not under any compulsion or duress. She has made such a statement in the presence of the petitioner herein. 6. Having convinced ourselves that Ms. Sonia Alexander is not under the illegal confinement or detention of any one, we are satisfied that no further directions are necessary in this writ petition. W.P.(Cri) No.283 of 2009-S -: 3 :- 7. This writ petition is accordingly dismissed. We permit Ms.Sonia Alexander to return from this Court along with her father - the 1st respondent herein. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No.283 of 2009-S -: 4 :-