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 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(Crl.).No. 253 of 2011(S) --------------------------- PETITIONER: --------------- RATHEESH,S/O.THANKAPPAN,AGED 25 YEARS, THOTTAPPARA HOUSE, PO KARAKKOD, NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM,PIN 676 505. 2. THE SUB INSPECTOR OF POLICE, VAZHIKKADAVU POLICE STATION,MALAPPURAM DISTRICT, PIN 679 333. 3. MAMMU,S/O.UMMERU,KILIYATHIL HOUSE, KARAKKOD,NILAMBUR,MALAPPURAM DISTRICT, PIN 679 329. 4. AYISHA,W/O.MAMMU,KILIYATHIL HOUSE, KARAKKOD,NILAMBUR,MALAPPURAM DISTRICT, PIN 679 329. GOVERNMENT PLEADER, SHRI P K BABU FOR R1 &R2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 253 of 2011 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of June, 2011 JUDGMENT K.M. Joseph J., The petitioner seeks a writ of habeas corpus for the production of alleged detenue from the illegal detention by respondents 3 and 4, who are the parents of the alleged detenue. 2. The case of the petitioner is that the petitioner is in love with the alleged detenue and they have given notice under the Special Marriage Act. On coming to know about the marriage, the detenue has been illegally detained by respondents 3 and 4. 3. Pursuant to the interim order dt.27.5.2011, the alleged detenue was present today. We interacted with her and the petitioner and also with the brother of the alleged detenue. The alleged detenue would say that she would like to marry the :2: petitioner, for which purpose they have issued notice under the Special Marriage Act. It would appear that the period of 30 days is elapsed. 4. In the circumstances of the case, we close the Writ Petition allowing the alleged detenue to go with the petitioner, so that the marriage between the petitioner and alleged detenue can be solemnised under the Special Marriage Act. 5. Post this case, for the production of the certificate under the Special Marriage Act on 20.6.2011. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/