IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(Crl.).No. 40 of 2011(S) -------------------------- PETITIONER(S): --------------- THANKAPPAN.K.M, AGED 52 YEARS, S/O.ADICHANMUNDAN, KOCHUPARAMBIL, MOONILAVU P.O., NELLAPPARA, ERATTUPETTA VIA, KOTTAYAM DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMARAN SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENT(S): COMPLAINANT -------------------------- 1. STATE OF KERALA REPRESENTED BY ADD.CHIEF SECRETARY, HOME AND VIGILANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUPERINTENDENT OF POLICE, CIVIL STATION, KOTTAYAM, PIN-686 001. 3. CIRCLE INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, ERATTUPETTA VIA, KOTTAYAM DISTRICT, PIN-686 121. 4. SUB INSPECTOR OF POLICE, MELUKAVU POLICE STATION, ERATTUPETTA VIA, KOTTAYAM DISTRICT, PIN-686 652. 5. SAJI JOSEPH, AGED 27 YEARS, S/O.JOSEPH, MAVALIKUNNEL HOUSE, MAVADI KARA P.O., KAILASAM NEDUMKANDAM, IDUKKI DISTRICT, PIN-686 533. 6. SANDHYA.K.T, AGED 25 YEARS, W/O.SAJI JOSEPH, MAVALIKUNNEL HOUSE, MAVADI KARA P.O., KAILASAM NEDUMKANDAM, IDUKKI DISTRICT, PIN-686 533. R1 TO R4 BY GOVT. PLEADER SHRI. KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 40 of 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of February 2011 JUDGMENT Joseph J., The petitioner has approached this Court seeking the following prayer: “to issue a writ of Habeas Corpus, commanding respondents 2 to 4 to produce the body of petitioner's wife Prassanna aged 48 years and younger daughter Soumya aged 23 detained by respondents 5 and 6” 2. Briefly put the case of the petitioner is as follows. The petitioner belongs to scheduled tribe. He alleges the illegal detention of his wife and younger daughter. Sixth respondent is the elder daughter. She fell in love with the fifth respondent. This was objected by the petitioner. The marriage took place as evidenced by Ext.P1. Thereafter they started harassing the petitioner demanding dowry and share in the property. On On 11.1.2011 respondents came and told the petitioner that they are going to get married as per the rites and customs prevailing in the Christian Community. This was W.P.(Crl.) No. 40 of 2011 :2: objected by the petitioner. Thereafter on 11.1.2011 a group of people under the leadership of the 5th respondent came to the house of the petitioner and threatened him and demanded money, gold ornaments and property. The wife of the petitioner and younger daughter of the petitioner attended the function and they have not come back. 3. Today when the matter came up, the alleged detenue were produced before us. We interacted with them. The alleged detenue would say that they are not under any illegal detention and they do not want to live with the petitioner. 4. In the light of this, we see no reason to issue any orders in this matter and this Writ Petition is dropped. This will be without prejudice to the rights of petitioner to approach any other appropriate forum. K.M. JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/