IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 WP(Crl.).No. 289 of 2011() ----------------------------------- PETITIONER(S): ---------------------- PRINCE HUSSAIN THAMPY,S/O.M.H.THAMPY RAWTHER, MALYEKKAL HOUSE,EDAYIRAPUZHA PO, KANGAZHA, KOTTAYAM. BY ADV. SRI.SOORAJ T.ELENJICKAL RESPONDENT(S): ------------------------ 1. SURENDRAN,'SOPANAM',MANNA, VALAPATTANOM PO, KANNUR DISTRICT. 2. PREMAN,'VAISAKAM',MANNA, VALAPPATTANOM PO, KANNUR DISTRICT. 3. THE SUB INSPECTOR OF POLICE, VALAPATTANOM PO,KANNUR DISTRICT. 4. THE SUPERINTENDENT OF POLICE, KANNUR. R3 & R4 BY SENIOR GOVERNMENT PLEADER SRI.P.K.BABU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR 289/2011: PETITIONER'S EXHIBITS: EXT.P1.TRUE COPY OF THE LATEST PRINT OUTS TAKEN OUT FROM THE MAIL ADDRESS FOLDER OF THE PETITIONER EVIDENCING THE COMMUNICATION BETWEEN THE PETITIONER AND THE SAID DETAINEE. EXT.P2.TRUE COPY OF THE JOB OFFER FORWARDED TO SARANYA SURENDRAN IN E-MAIL ADDRESS FROM IBM INDIA PVT.LTD THROUGH ITS BANGALORE BRANCH. EXT.P3.TRUE COPY OF THE COMPLAINT DATED 3.6.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P3A.TRUE COPY OF THE POSTAL COVER FOR SENDING THE REPRESENTATION. EXT.P4.TRUE COPY OF THE REPRESENTATION DATED 8.6.2011 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT THROUGH REGISTERED POST. EXT.P4A.TRUE COPY OF THE POSTAL RECEIPT FOR THE EXT.P4 REPRESENTATION. K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(Crl.) No. 289 of 2011-S ---------------------------------------------- Dated, this the 22nd day of June, 2011 J U D G M E N T K.M.Joseph, J. Petitioner seeks a writ of Habeas Corpus for production of Saranya, the alleged detenue from the illegal custody of respondents 1 and 2. According to the petitioner, petitioner is in love with the alleged detenue and they decided to get married under the Special Marriage Act. Petitioner relies on Ext.P1 print outs taken out from the mail address folder. Ext.P2 is the copy of the job offer forwarded to the alleged detenue in e-mail address from I.B.M.India Pvt. Ltd. According to the petitioner, the alleged detenue was not able to accept the job offer as she had been kept in the house. There is reference to phone calls from the alleged detenue to the effect that she had been kept under detention in the house of the 2nd respondent and that she was being subjected to mental torture through counseling and black magic. Petitioner preferred Ext.P3 complaint and P4 representation and is before us. 2. We had directed an enquiry to be conducted by a WPCR 289/2011 -2- woman police officer not below the rank of Circle Inspector of Police. Initially, the report of Sub Inspector of Police was brought to our notice wherein it was indicated that the alleged detenue was not under any illegal detention. By order dated 17.6.2011 we had directed the enquiry to be conducted by a woman police officer not below the rank of Circle Inspector of Police. 3. Today, when the matter came up, learned Government Pleader brought to our notice the report of the Woman Circle Inspector. A perusal of the same reveals that the alleged detenue is not under illegal detention as such and also it is stated that it is with her consent that marriage proposal is being explored. In such circumstances, we close the Writ Petition (Criminal). (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS