IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN & THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 19TH MAY 2008 / 29TH VAISAKHA 1930 WP(Crl.).No. 125 of 2008(U) PETITIONER: ------------ DR.K.I.ABDUL GAFOOR, S/O.LATE IBRAHIM, KAKKAT HOUSE, EDAVANAKAD P.O., ERNAKULAM DISTRICT. BY ADV. SRI.C.K.ABDUL RAHIM SRI.K.A.SHAMSUDEEN RESPONDENTS: ------------- 1. THE CIRCLE INSPECTOR OF POLICE, NARAKKAL. 2. THE SUB INSPECTOR OF POLICE, NARAKKAL. 3. MANOJ T.S. @ MUTHU, S/O.SUKUMARAN, THADICKAL HOUSE, CHERAI P.O., ERNAKULAM DISTRICT. BY ADV. SRI.P.K.SAJEEV FOR R3 R1 & R2 BY GOVT. PLEADER SRI.I.V.PRAMOD THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE COMPLAINT DATED 9.4.2008. RESPONDENTS' EXHIBITS: EXT.R3(a) TRUE COPY OF THE MARRIAGE CERTIFICATE DATED 8.4.2008. //TRUE COPY// AHZ/ K.T.SANKARAN & V.GIRI, JJ. ---------------------------------------------------- W.P.(CRL) NO. 125 OF 2008 ---------------------------------------------------- Dated this the 19th May, 2008 JUDGMENT V.GIRI, J. The petition has been filed by the father of one Shabeeba, stated to be aged 21, alleging that she is under the unlawful detention of the third respondent. Pursuant to the orders issued, the detenue was produced before Court. By a detailed order dated 16.4.2008 the detenue was directed to be lodged in a hostel. There was a further direction to the petitioner, father of the detenue, to see that Sbabeeba is produced before Court on 6.5.2008. This Court again considered the matter on 6.5.2008 and thought it fit to permit such interim arrangement to continue. The matter was again taken up on 16.5.2008. Then the learned counsel for the petitioner sought time to file a reply affidavit. This Court directed the detenue to be lodged with her uncle Sri.K.I.Abdul Rasheed. Accordingly, the detenue Shabeeba has been lodged with her uncle Sri.K.I.Abdul Rasheed since 16.5.2008. The matter is again taken up today. Shabeeba categorically states before us that she would like to accompany her parents. The submission appears to be voluntary and the same is recorded. What this Court is concerned with in a petition for the issuance of a writ of habeas corpus is whether the alleged detenue is kept under the unlawful custody of any of the parties. Shabeeba is a free person. She has categorically expressed her desire to go back with her parents. In the result, the Writ Petition is disposed of permitting Shabeeba to accompany her parents. Respondents 1 and 2 shall take note of this as a W.P.(CRL). NO.125 OF 2008 :: 2 :: direction and see that Shabeeba accompanies her parents. They will further ensure that the third respondent does not cause any obstruction to Shabeeba accompanying her parents. (K.T.SANKARAN) Judge (V.GIRI) Judge ahz/