IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(Crl.).No. 134 OF 2008(S) PETITIONER: GEORGE JOSEPH, KRIPA, T.C.7/651 OPPOSITE REMA TEXTILES, ULLOOR MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 4. MARIAN KUMAR, INSURANCE CLERK P.I. INTERNATIONAL, PLOT NO.108, ROAD NO.23 PRASHASAN NAGAR, JUBILEE HILLS, HYDRABAD NOW RESIDING AT SINGLE FLOOR HOUSE NEAR BHEL (FACTORY), NEAR VEGETABLE MARKET LINGAMPALLY. 5. SOJA SARA GOEORGE RESIDING AT SINGLE FLOOR HOUSE NEAR BHEL (FACTORY), NEAR VEGETABLE MARKET LINGAMPALLY. GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL.) 134/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE F.I.R. NO. 243 DATED 10.4.2008. EXT.P2 TRUE COPY OF THE COMPLAINT DATED 11.4.2008. RESPONDENTS' EXHIBITS: ANNEXURE R3(a) STATE OF SOJA SARA GEORGE. ANNEXURE R3(b) STATEMENT OF T. MARIYA KUMAR. // TRUE COPY // P.S. TO JUDGE. KNC/- P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL). NO. 134 OF 2008 = = = = = = = = = = = = = = = = = DATED THIS, THE 28TH DAY OF JULY, 2008. J U D G M E N T Raman, J. Petitioner has filed this writ of habeas corpus seeking for production of his daughter, the 5th respondent herein, who is alleged to be under the illegal custody of Respondents 2 and 3 and to release here from their custody. There is also a prayer for a direction to investigate into Exts.P1 and P2. 2. It is the case of the petitioner that himself, his wife and the 5th respondent were residing together at his house at Ulloor, that the 5th respondent was studying for BDS Course at PMS Dental College, Vattappara, Thiruvananthapuram, that she completed her examination on 9.4.2008 and thereafter she was missing from the house from the morning of 10.4.2008 and that enquiries made revealed that she was kidnapped by the 4th respondent. 3. Ext.P1 is the FIR prepared based on the complaint made by the petitioner to the third respondent. He also complained to the second W.P.(CRL) 134/2008 :2: respondent and Ext.P2 is the copy of the complaint. Despite such complaints, petitioner is aggrieved that his daughter could not be found out. 4. We have, from time to time, passed several orders for the effective investigation to find out the whereabouts of the missing girl. On 10.6.2008, we recorded the submission made by the learned Government Pleader, appearing on behalf of the State to the effect that enquiries made by the police reveal that the girl left the house on her own accord and has married the 4th respondent and that the alleged detenue could not be produced because she was suffering from chickenpox. We adjourned the case by three weeks enabling the investigation team to file an affidavit regarding the investigation so far conducted and to produce the copy of the statement of the detenue. On 23.6.2008, we wanted to ascertain from the learned Government Pleader as to whether the alleged detenue could be produced before the Magistrate at Hyderabad. Today, when the case was taken up for consideration, the learned Government Pleader submitted a report of compliance. The Sub Inspector of Police, Medical College Police Station, Thiruvananthapuram City reports that the investigation team reported before the Commissioner of Police, Zyberabad in Andra Pradesh on 23.7.2008 and the Commissioner of Police Zyberabad arranged the service of Sri. Gopal Reddy, Sub Inspector of Police, Chanda Nagar Police Station to locate ad W.P.(CRL) 134/2008 :3: produce Respondents 4 ad 5 before the court. On 24.7.2008, the investigation team presented Respondents 4 & 5 before the Executive Magistrate, Srilingampally Mandal, Ranga Reddy District, Andra Pradesh and that Court recorded their statements and obtained certificates of age proofs and pregnancy certificate in respect of the 5th respondent. In the medical certificate, the Gynecologist advised to avoid journeys for nine months. The statements of Respondents 4 and 5 recorded and attested by the Executive Magistrate, the attested copies of medical documents, certificates of age proofs of Respondents 4 and 5, marriage certificates etc. are also produced along with the report. 5. We have gone through the copy of the sworn statement of Soja Sara George, whose address is given as wife of Maria Kumar, wherein it is stated that she born in Ulloor Village, Trivandrum District, in Kerala, that her date of birth is 15.3.1984, that she studied up to B.D.S. that soon after completion of B.D.S. she came out of the house on 10.4.2008 and met Mr. Maria Kumar and they both telephoned her father's eldest brother who is residing in Trivandrum city and also met him in personal and informed him about their decision to marry. She further stated that though they tried to convince her father through his brother, he did not agree with the proposal and gave a negative reply and hence they decided to leave the State and W.P.(CRL) 134/2008 :4: went to Hyderabad where Mr. Maria Kumar is residing. She has also stated that she know Sri. Maria Kumar for the past five years, that they got introduced each other in the Christian Conferences held in Trivandrum city, that they met frequently in the conferences and thus a intimacy developed and that on 14.4.2008 both of them married in Believer's Church of Medak District in Andhra Pradesh in the presence of Pastor Sanjeeva Rao N.B.. She declares that she is living a happy married life with Sri. Maria Kumar and that she is pregnant and unable to undertake a journey. 6. The statement of Maria Kumar is also in similar lines. The certificate issued from Vijaya Nursing Home shows that the alleged detenue is two months pregnant and she is advised to avoid journey. The certificate is signed by Dr. Rohini Devi, Obstetrician & Gynecologist attached to Vijaya Nursing Home. A copy of the SSLC Book of the alleged detenue is also enclosed which shows that her date of birth is 15.3.1984. Likewise the copy of the Secondary School Certificate of Sri. Mariya Kumar shows that his date of birth is 30.12.1979. Thus, both of them are majors. 7. The Tahsildar & Executive Magistrate of Serilingampally Mandal, Ranga Reddy District, Andhra Pradesh, in his letter addressed to the Sub Inspector of Police, dated 24.7.2008 stated that the alleged detenue Ms. Soja Sara George and Sri. Maria Kumar were presented before him by the W.P.(CRL) 134/2008 :5: Kerala Police team headed by C. Babu, Sub Inspector , through the local police headed by Sri. Gopal Reddy, Sub Inspector of Police, Chandanagar and he recorded their statements in his office and a copy of such statements along with age proofs of both and pregnancy certificate in respect of Soja Sara George, filed by the individuals duly attested are furnished, for taking further action. In the affidavit sworn into by Ms. Soja Sara George, attested by a notary public, it is averred that she married Maria Kumar on 14.4.2008 at Believers' church, that after her marriage, Vijaya Nursing Home Doctor confirmed the pregnancy two months and suggested not to travel any long distance. It is also stated that she has given the statement to the concerned Kerala Police Department as well. In the above facts and circumstances, no further direction is called for. We find that Ms. Soja Sara George is not under the illegal custody of anybody as alleged in the writ petition. Accordingly, we close this writ petition. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-