IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(Crl.).No. 67 of 2011(S) ------------------------------------------- PETITIONER(S): --------------- NAUFAL P.P., 347(2/183), PALLIPURAYIL, I, KOTTAKKAL, PAYYOLI PANCHAYATH. BY ADV. SRI.MANU TOM SRI.K.G.RAJEESH SRI.SHYAM ARAVIND SMT.NAJUMA BAI NAZEER RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION-680010. 3. SHIBU TULIPS, MOOVARNATHALA VEEDU, SREELAKAM, TOMMY LANE, PERINGHAVU, THRISSUR-680001. 4. MANIKANDAN (FATHER OF DETAINEE), C/O.TULIPS GENTS BEAUTY PARLOUR, 2ND FLOOR, CITY CENTER, ROUND WEST, THRISSUR-680020. R1 & R2 BY SR. GOVERNMENT PLEADER SHRI C.M. KAMMAPPU. ADV. SRI.P.VIJAYA BHANU, SENIOR ADVOCATE FOR R4 SMT.M.M.DEEPA FOR R4 SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO. 67 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ELECTION IDENTITY CARD OF THE PETITIONER ISSUED IN 2006. EXT.P2 TRUE COPY OF THE SCHOOL LEAVING CERTIFICATE OF ANU M.C. EXT.P3 TRUE PHOTOCOPY OF IDENTITY CARD OF ANU M.C. (TO PROVE HER AGE). EXT.P4 TRUE PHOTOCOPY OF TRANSFER CERTIFICATE OF ANU M.C. EXT.P5 TRUE PHOTOGRAPHS OF PETITIONER PAIRED ALONG WITH ANU M.C. RESPONDENTS' EXHIBITS: NIL. // TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 67 OF 2011 S ------------------------------------------ Dated this the 21st March, 2011 JUDGMENT K.M. Joseph, J. Petitioner seeks a Writ of Habeas Corpus for production of the daughter of the fourth respondent, namely Ms. Anu M.C. Other ancillary reliefs including police protection are also sought. 2. We had passed interim orders. We had taken note of the stand of the alleged detenu that the alleged detenu is indeed in love with the petitioner, and that she would like to go with the petitioner. We had also noted the objection of the parents of the alleged detenu. 3. The alleged detenu was directed to reside in the Santhi Niketan Hostel. It is submitted that notice has been given under the Special Marriage Act to solemnize the marriage under the Special Marriage Act on 18.2.2011. W.P.(CRL).NO.67 OF 2011 S 2 4. Today, when the matter came up, the mother and elder brother of the petitioner were present. So was the Uncle of the petitioner. They would, of course, say that they are opposed to the marriage. The fourth respondent and his wife who were also present, were also not inclined in favour of the marriage. Learned counsel for the fourth respondent submits that the fourth respondent has filed objections against getting the marriage registered. 5. We again interacted with the petitioner and the alleged detenu. They reiterate that they would like to live together. It is not in dispute that the period of thirty days after giving notice under the Special Marriage Act has expired. In such circumstances, we do not see any reason to further direct the alleged detenu to continue her stay in the hostel. Accordingly, we allow the alleged detenu to go with the petitioner for getting their marriage registered under the Special Marriage Act in accordance with law. W.P.(CRL).NO.67 OF 2011 S 3 6. Learned counsel for the petitioner would submit that there is an apprehension of personal threat against the petitioner and the alleged detenu from his relatives and from the relatives of the alleged detenu. Learned Government Pleader would submit that personal protection will be granted for the petitioner and the alleged detenu as against the relatives of the petitioner and also the relatives of the alleged detenu for a period of one week. The Writ Petition is disposed of as above. Post on 29.03.2011 for production of the Marriage Certificate. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True copy// W.P.(CRL).NO.67 OF 2011 S 4