IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 WP(Crl.).No. 284 of 2011(S) --------------------------- PETITIONER(S): --------------- JOSEPH IGNATIOUS, AGED 19 YEARS, S/O.IGNATIOUS,PAPDAINJAREKURISSADI VEEDU, SAKTHIKULANGARA PO, KOLLAM DISTRICT. BY ADV. SRI.ALAN PAPALI RESPONDENT(S): --------------- 1. SAJI NELSON,AGED 27 YEARS, S/O/NELSON,KADAPUZHATHOP, OPP.ST.JOHN D.BRITTO CHURCH,SAKTHIKULANGARA PO,KOLLAM DISTRICT 691 509. 2. NELSON,KADAPUZHATHOP, OPP.ST.JOHN D.BRITTO CHURCH,SAKTHIKULANGARA PO, KOLLAM DISTRICT 691 509. 3. THE DIRECTOR GENERAL OF POILICE, POLICE HEADQUARTERS,THIRUVANANTHAPURAM 695 001. 4. THE SUPERINTENDENT OF POLICE, KOLLAM 691 502. 5. THE CIRCLE INSPECTOR OF POLICE, CHAVARA, KOLLAM 691 502. 6. THE SUB INSPECTOR OF POLICE, SAKTHIKULANGARA POLICE STATION,KOLLAM 691 509. R2 BY ADV. SRI. K.SHAJ SRI.SAJJU.S R3 TO R3 BY GOVT. PLEADER SRI.C.M.KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.284/11 PETITIONER'S EXHIBITS: EXT.P1:TRUE COPY OF THE FI STATEMENT DATED 4.6.2001 GIVEN BY THE PETITIONER TO THE 6TH RESPONDENT. EXT.P2: TRUE COPY OF THE FIR DATED 4.6.2011 IN CRIME NO.516/2011 BY THE SAKTHIKULANGARA POLICE STATION. EXT.P3: TRUE COPY OF BIRTH CERTIFICATE ISSUED BY THE PARISH PRIEST OF ST.JOHN D.BRITTO CHURCH, SAKTHIKULANGARA DATED 7.6.2011 IN RESPECT OF THE PETITIONER'S SISTER TEENA MARY IGNATIOUS. EXT.P4: TRUE COPY OF ELECTION IDENTITY CARD IN RESPECT OF TEENA MARY IGNATIOUS ISSUED BY THE ELECTION COMMISSION OF INDIA DATED 13.1.2011. EXT.P5: COPY OF RECENT PHOTOGRAPH OF THE PETITIONER'S SISTER TEENA MARY IGNATIOUS. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.284 OF 2011 ------------------------------------ Dated this the 11th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This petition is by the brother of the alleged detenue. Going by the earlier order, the alleged detenue, when available in court, was permitted to go to a near relative. It appears that the first respondent has now married her and St.John D' Britto's Church, Sakthikulangara, Kollam 691581 has issued a certificate to the Parish Priest certifying that Francis Nelson, S/o.Nelson has married Teena Mary Ignatious, D/o.P.R.Ignatious. Such certificate is numbered 1767 and bears the date 8.7.2011. The birth certificate of the alleged detenue was also issued from the same church. She is present before us. We are of the view that there is nothing to hold that she is under illegal detention. She is, therefore, at liberty to accompany the person whom she has married. We further WPCR.284/11 2 order that Francis Nelson and Teena Mary Ignatious will, after their marriage registered in terms of the common rules, produce a copy of that with duly notarised affidavits before the Registrar General of this Court within a period of two months. We also record the anxiety of the petitioner, who is the brother of the alleged detenue, regarding the future studies of the alleged detenue. It is said that on the previous occasion, the first respondent had undertaken that she would be permitted to continue and she can complete her nursing course. All these would be only to the betterment of the life of the couple rather than come in orders of court. The writ petition is ordered in terms of what is aforesaid. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.11/7.