IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 258 of 2009(S) --------------------------- PETITIONER(S): --------------- SHAIJU, THEKKETHUNDUVILA VEEDU, PAYATTUVILA P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, VIZHINJAM CIRCLE OFFICE, VIZHINJAM, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOF OF POLICE, VIZHINJAM POLICE STATION, VIZHINJAM. THIRUVANANTHAPURAM. 4. NATARAJAN, ARUN NIVAS, SISILIPURAM, VENGANOOR, THIRUVANANTHAPURAM. 5. ARUNDHATHI, ARUN NIVAS, SISILIPURAM, VENGANOOR, THIRUVANANTHAPURAM. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 258 of 2009-S ------------------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man, aged about 25 years, has come to this Court with this writ petition for issue of a writ of habeas corpus apprehending that the alleged detenue by name Raji - a girl, who has crossed the age of 18 years - she having been born on 30/5/90, with whom he is in love, has been detained and confined illegally by respondents 4 and 5 - the parents of the alleged detenue. 2. The alleged detenue was found missing from 4/5/09. The Vizhinjam Police Station registered Crime No.222/09 in respect of such missing of the alleged detenue. The petitioner and the alleged detenue went to the Police Station and later the alleged detenue was produced before the learned JFCM-III, W.P.(Cri) No. 258 of 2009-S -: 2 :- Neyyattinkara. There, the learned Magistrate permitted the alleged detenue to go with respondents 4 and 5. Accordingly, the alleged detenue is now with respondents 4 and 5. According to the petitioner, though there was an agreement/understanding that the marriage between the petitioner and the alleged detenue will be performed in due course, respondents 4 and 5 are not now willing to honour that agreement/understanding and they are illegally detaining the alleged detenue. 3. This writ petition was filed on 3/7/09. The same was admitted on 6/7/09. Notice was ordered to the respondents. 4. Today, when the case is called, the petitioner and his counsel are present. Respondents 4 and 5 are present along with their counsel. The alleged detenue has accompanied respondents 4 and 5 to Court. 5. We permitted the alleged detenue to remain in the Chamber without being contacted by any one till she was interviewed by us after lunch session in the Chamber. We later interacted with her in the presence of the petitioner as also respondents 4 and 5. 6. The alleged detenue Raji states before us that she is now aged 19 years she having been born on 30/5/90. She is a 3rd Semester B.Tech. student at the L.B.S. Institute of Technology for Women at Poojappura, Trivandrum. She states categorically W.P.(Cri) No. 258 of 2009-S -: 3 :- that she is not under confinement or detention by any one. She admits that she knows the petitioner. According to her, she does not want to get married now and will think of marriage only after she completes her education. At that point of time only she proposes to consider the idea of marriage. 7. We are satisfied, in these circumstances, that Raji, the alleged detenue - an adult major girl/woman, is not under the illegal confinement or detention by any one. We are, in these circumstances, satisfied that this writ petition need only be dismissed. 8. The counter affidavit filed by the 4th respondent on behalf of the 5th respondent and the affidavit filed by the alleged detenue are received. 9. This writ petition is accordingly dismissed. The alleged detenue is permitted to leave the Court along with respondents 4 and 5 as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 258 of 2009-S -: 4 :- W.P.(Cri) No. 258 of 2009-S -: 5 :-