IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(Crl.).No. 113 of 2010(S) -------------------------------------- PETITIONER: ------------------- ARUNRAJ, S/O.G.RAJAN, `KARTHIKA', ARIPLACHY P.O., PUNALUR, KOLLAM DISTRICT. BY ADV. MR.ANCHAL C.VIJAYAN. RESPONDENTS: ------------------------ 1. THE DEPUTY SUPERINTNEDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. SRI.PAUL PETER, 326 B (2/230) KANNANAYKAL HOUSE, 1, VAZHAPPILLI, MOOVATTUPUZHA, PIN-686 669. 4. SRI.JOBIN PETER, S/O.PAUL PETER, 326 B (2/230), KANNANAYKAL HOUSE, MUDAVOOR P.O., 1, VAZHAPPILLY, MOOVATTUPUZHA, PIN-686 669. R1 & R2 BY GOVT. PLEADER MR. P.N. SUKUMARAN, R3 & R4 BY ADVS. SMT.SANTHAMMA ISSAC, MR.N.C.THOMAS, SMT.ANU THANKAM MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.113/2010-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF MASTER DEGREE OF THE PETITIONER FROM BHARATHIAR UNIVERSITY. EXT.P.2: COPY OF THE S.S.L.C. CERTIFICATE OF JINI PETER. EXT.P.3: COPY OF THE CERTIFICATE OF HIGHER SECONDARY EXAMINATION OF JINI PETER. EXT.P.4: COPY OF THE DEGREE CERTIFICATE OF JINI PETER. EXT.P.5: COPY OF THE CERTIFICATE OF JINI PETER ISSUED FROM BHARATHIAR UNIVERSITY FOR THE MIB DEGREE COURSE. EXT.P.6: COPY OF THE LETTER WRITTEN BY JINI PETER TO THE PETITIONER DTD. 17/03/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. -------------------------------------------------- W.P(CRL). NO. 113 OF 2010 S --------------------------------------------------- Dated this the 29th March, 2010 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a Writ of Habeas Corpus, alleging illegal custody of one Jini Peter by respondents 3 and 4. Third respondent is the father and fourth respondent is the brother of the alleged detenu. Today, the alleged detenu was present before us. We interacted with her. She would say that she would like to go with the petitioner. We heard the learned counsel for the petitioner as also the learned counsel appearing on behalf of respondents 3 and 4. It is submitted by the learned counsel for the petitioner that the marriage will be solemnized under the Special Marriage Act within a period of two months from today. We record the said submission. The alleged detenu would submit that she would like to go to Chennai where she is employed. We make it clear WP(CRL).NO.113/2010 S 2 that it is open to the alleged detenu to proceed to Chennai and we dispose of the Writ Petition. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. // True Copy // PS to Judge