IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(Crl.).No. 381 of 2010(S) --------------------------- PETITIONER: --------------- SHINTO, AGED 22 YEARS, S/O.ANTONY, PALLIKKUNNEL HOUSE, MACHAD DESOM, THEKKUMKARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.C.A.CHACKO SRI.N.A.SHAFEEK SRI.M.S.UNNIKRISHNAN (OASIS) RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT - 676 505. 2. THE S.I. OF POLICE, KUTTIPURAM POLICE STATION, KUTTIPPURAM, MALAPPURAM DISTRICT - 679 571. 3. SOUDHA, W/O.MUHAMMADALI, KAKKASSERY HOUSE, CHERPU WEST P.O., THRISSUR DISTRICT - 680 561. 4. THE DIRECTOR, MAHILA MANDIR, THAVANNOOR, THRIKKANNAPURAM P.O., MALAPPURAM DISTRICT - 676 505. SR. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR SRI.C.M.KAMAPPU ADV. SRI.S.RAJEEV FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.381 of 2010 ***************************** Dated this the 18th day of October, 2010 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier order dated 01.10.2010 passed by us. 2. Today when the case is called, the petitioner is present along with his parents. He is represented by his counsel. The 3rd respondent is present. She is represented by her counsel. Her brother has also come to Court along with her. The alleged detenue Sadika, aged 18 years (date of birth - 22.09.1992) has also come to Court. 3. We interacted with the alleged detenue alone initially and later in the presence of her mother, the 3rd respondent. Later we interacted with her in the presence of the petitioner and his parents. The learned counsel for the petitioner, the learned counsel for the 3rd respondent and the learned Government Pleader were also present. W.P(Crl) No.381 of 2010 2 4. The alleged detenue now asserts unambiguously that she does not want to have any relationship with the petitioner. According to her, she only wants all the cases against the petitioner to be withdrawn. She wants to apologise him for the inconvenience and difficulties caused. She prays that she may be permitted to leave the Court along with the 3rd respondent, her mother. 5. The 3rd respondent, her mother, undertakes that the alleged detenue shall be taken by her along with her. She will not be compelled to marry anyone against her wishes. She has filed an affidavit undertaking to take all necessary steps to get all cases against the petitioner quashed and terminated in accordance with law. The alleged detenue Sadika has also filed an affidavit. 6. From the statement made by the alleged detenue and the affidavit filed by her, we are satisfied that the alleged detenue now wants to leave the Court along with her mother, the 3rd respondent. The petitioner and his parents are satisfied that the alleged detenue does not want to go along with the petitioner. Sadika wanted opportunity to privately interact with the petitioner - to apologise to him as she herself put it. The petitioner asserts that he does not want to have any interactions W.P(Crl) No.381 of 2010 3 with the alleged detenue for any purpose now, she having clearly expressed her intention not to go with the petitioner. 7. In a petition for issue of a writ of habeas corpus, we are primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. We are satisfied that the alleged detenue, who was accommodated with the 4th respondent, after she attained majority can now be permitted to leave with the 3rd respondent. The alleged detenue has already crossed the age of 18 years and we are satisfied that her decisional autonomy can be and has to be respected. We further note that her request is only that she be permitted to go along with her mother, the 3rd respondent. 8. In the result: a) This petition is allowed; b) The alleged detenue is permitted to leave Court along with the 3rd respondent, her mother; c) We accept the undertaking of the 3rd respondent that the alleged detenue shall not be given away in marriage to anyone without her free consent; d) We record the undertaking of the alleged detenue and the 3rd respondent that they shall co-operate with the petitioner W.P(Crl) No.381 of 2010 4 and take all necessary steps to get all the cases against the petitioner in connection with this incident withdrawn/quashed. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/