IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 WP(Crl.).No. 277 of 2010(S) --------------------------- PETITIONER: --------------- SATHEESAN.N.V., AGED 51 YEARS, S/O.N.K.VELAYUDHAN, NEENDIYIL HOUSE, A.V.JOHN ALUNKAL ROAD, KADAVANTHRA (P.O.), ERNAKULAM, KOCHI-682 020. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.PRATHAP PILLAI SRI.RAJAN VELLOTH SRI.A.S.SABU SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM. 3. VINOD KUMAR.P.T., S/O.THANKACHAN, PUTHANPARAMBIL HOUSE, MUTTAMBALAM (P.O.), KOTTAYAM DISTRICT. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.277 of 2010 ********************* Dated this the 13th day of July, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Sruthy, aged 21 years (date of birth - 19.10.1988). She has completed her B.Tech. course. She was missing from 04.07.2010. The petitioner apprehended that the 3rd respondent was illegally detaining and confining the alleged detenue, his daughter. 2. This petition was filed on 09.07.2010. It came up before another Bench. The learned Government Pleader was directed to take instructions and the matter was posted to this date. 3. Today when the case is called, the petitioner is present along with his wife Sreedevi. The 3rd respondent is present along with his brother in law P.K.Thankachan. The alleged detenue has come to Court along with the 3rd respondent. The petitioner is represented by a counsel. The alleged detenue and the 3rd respondent are not represented by any counsel. W.P(Crl.) No.277 of 2010 2 4. As the alleged detenue comes to Court along with/in the custody of the 3rd respondent, who allegedly is detaining her, we permitted her to remain alone in the Chamber without opportunity for the 3rd respondent to influence her decision. The alleged detenue agreed and we permitted the petitioner and his wife to interact with the alleged detenue. 5. After the lunch recess, we interacted with the alleged detenue alone initially. Later we interacted with her in the presence of her parents - the petitioner and his wife. Later we interacted with the alleged detenue in the presence of the 3rd respondent and his brother in law. The learned counsel for the petitioner and the learned Government Pleader were also present. 6. After our interactions with the parties, we are happy to note that the parties have come to a harmonious settlement/agreement. The petitioner and his wife accept and agree that they are willing to approve the relationship between the alleged detenue and the 3rd respondent. They only requested that they may be given opportunity to conduct a formal engagement ceremony followed by marriage. This, they requested, only to ensure that there is social acceptability for the W.P(Crl.) No.277 of 2010 3 relationship between the alleged detenue and the 3rd respondent. It is brought to our notice that actually on 04.07.2010, the marriage between the alleged detenue and the 3rd respondent has been solemnised at the Thirunakkara Sreekrishna Swamy Kshetram, Kottayam. 7. The alleged detenue and the 3rd respondent agree notwithstanding their contention that their marriage has already taken place in accordance with law under the Hindu customary rites on 04.07.2010, to conduct an engagement ceremony and later marriage to satisfy the sentiments of the petitioner and his wife. It is further agreed by the alleged detenue and the 3rd respondent that the alleged detenue has already completed her B.Tech. course. It is further submitted that she is awaiting her B.Tech examination results and that at any rate she will complete her B.Tech. course and take the degree. 8. We are satisfied, in these circumstances, that as agreed by all concerned, the following directions can be issued. Accordingly we are satisfied that this Writ Petition can now be allowed subject to conditions. 9. In the result: a) This Writ Petition is allowed; W.P(Crl.) No.277 of 2010 4 b) As agreed by both sides, the following directions are issued: i) The alleged detenue Sruthy shall today return from Court along with her parents - the petitioner and his wife; ii) On or before 02.08.2010, an engagement ceremony and a marriage ceremony shall be conducted by the petitioner and his wife to gain social acceptability for the marriage between the alleged detenue and the 3rd respondent; iii) Till such marriage ceremony is performed, the alleged detenue shall reside with her parents. During this period, the 3rd respondent shall be at liberty to contact the alleged detenue over telephone. If the alleged detenue so desires, the petitioner and his wife agree that she can meet the 3rd respondent at any neutral venue - ie. not at the house of the petitioner nor at the house of the 3rd respondent. 10. All parties agree that compliance with the above directions shall be reported to this Court on 02.08.2010. We record further submission of the alleged detenue and the 3rd respondent that this agreement will not in any way adversely affect their contention that they have already got married to each other and are legally wedded husband and wife consequent W.P(Crl.) No.277 of 2010 5 to the marriage between them that had taken place on 04.07.2010 at Thirunakkara Sreekrishna Swamy Kshetram, Kottayam. 11. The learned Government Pleader submits that all further proceedings in Crime No.1096 of 2010 of Ernakulam Town South Police Station shall be brought to termination by the police in the light of the stand taken by the 3rd respondent and the alleged detenue. 12. Call on 02.08.2010. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/