IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(Crl.).No. 191 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------- AMINAKUTTY, W/O.BEERAN, KALLUVETTICKAL HOUSE, THANDALLAM, NARIPARAMBU.P.O., PONNANI TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.B.ARUNKUMAR SRI.C.KHALID SRI.T.P.SAJID RESPONDENT(S): -------------------------- 1. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, PONNANI, MALAPPURAM DISTRICT. 2. GIREESH KUMAR.K.S., S/O.SIVAN K.K., KALAPURACKAL HOUSE, CHEMBUCHIRA P.O. THRISSUR, 680 684. R1 BY GOVT. PLEADER SRI.C.M.KAMMAPPU R2 BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE R2 BY ADV. SRI.UNNI SEBASTIAN KAPPEN BY ADV. SRI.V.A.JOHNSON VARIKAPPALIL THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(CRL) NO. 191/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FIR IN CRIME NO.155/2011 OF PONNANI POLICE STATION. P2:- COPY OF THE AFFIDAVIT DTD. 23.5.2011 BEFORE THE HONOURABLE HIGH COURT, ERNAKULAM. P3:- COPY OF THE ORDER DTD. 4.4.2011 IN WPC. NO.10239/2011 BEFORE THE HONOURABLE COURT, ERNAKULAM. RESPONDENT'S EXHIBITS R2(a):- COPY OF THE MARRIAGE CERTIFICATE ISSUED BY DHARMA PARIPALANA SABHA, DTD. 28.3.2011. R2(b):- COPY OF THE CERTIFICATE ISSUED BY SECRETARY OF ARYA SAMAJ, CALICUT DTD. 25.3.2011. TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.).No.191 of 2011-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. 1.We have seen the different earlier orders and proceedings. On the previous posting date, we had elaborate discussions with the petitioner, the alleged detenue, the second respondent and also his mother. We also interacted with Asif mentioned in paragraph 1 of the original petition. The interactions that the Court made with them individually in the Chambers followed the adjournment to this day since certain interlocutory applications were being placed by the petitioner seeking that the alleged detenue may be moved to some other hostel for being housed. But, having spoken to the alleged detenue on the previous posting date and also today in open court, we are satisfied that she has WP(Crl)191/11 -: 2 :- categorically expressed with her free consent that she is not in illegal detention. This is sufficient to end this original petition. 2.There are various other issues between the parties. We deem it appropriate to refrain from making any statement in this judgment touching those aspects. We leave it open to the parties to work out their remedies, if any, in accordance with law through the competent jurisdictions. 3.Having regard to the totality of the facts and circumstances, we are of the view that the alleged detenue should be provided adequate protection to reach any place of her choice. For this, we order that the alleged detenue will go from here straight to the Women Police Cell (Vanitha Police Cell) which is stated to be under the Central Police Station. The alleged detenue will report to the Circle Inspector in charge of the Women Police Cell who will record her statement and make arrangements through the appropriate higher authorities at the District or State level as the case may be, through proper WP(Crl)191/11 -: 3 :- channel, to provide such security measures as may be found necessary for the purpose of the alleged degenue. We order that the alleged detenue will be accompanied by WPC to the Women Police Cell for further management in terms of this order. 4.We record our appreciation for the assistance rendered by Adv.Asha Cherian on the nomination of the High Court Legal Service Committee on behalf of the alleged detenue, including by visiting the hostel where the alleged detenue was housed and also explaining to her the various aspects of the matter. The original petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/0707