IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(Crl.).No. 42 of 2009(S) -------------------------- PETITIONER(S): --------------- JAYACHANDRAN.S, AGED 32 YRS, S/O.SASIDHARAN, RESIDING AT SASIKALA BHAVAN (SANIKA),PEROOR, TKMC POST, KARIKODE, KOLLAM,DIST. BY ADVS. SRI.S.SUNIL NARAYANAN SRI.T.M.RAMAN KARTHA RESPONDENT(S): --------------- 1. PRASANNA, AGED ABOUT 50 YRS, W/O.LATE PADMAKUMAR, RESIDING AT S.K.VIHAR, NEDIYAVILA, KUNNATHOOR POST, KOLLAM DT. 2. SAJEEV, AGED 42 YRS, DO. D0. 3. SUNDARESAN, AGED 54 YEARS, DO. 4. SUB INSPECTOR OF POLICE, SASTHAMKOTTA POLICE STATION,KOLLAM DT. 5. DEPUTY SUPDT.OF POLICE,KARUNAGAPPALLY. 6. SUPERINTENDENT OF POLICE, KOLLAM. BY PUBLIC PROSECUTOR SRI. JAI GEORGE -R4 TO R6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the complaint dated 31.1.2009 submitted by the petitioner to the 4th respondent. RESPONDENTS' EXHIBITS: NIL A.K. BASHEER & C.T. RAVIKUMAR, JJ. --------------------------------------------------------- W.P.(Crl.) No.42 OF 2009 --------------------------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT Basheer, J. Ms. Nitha, the alleged detenu is present before the Court. She stated before us that she has come to the Court with her mother, her maternal uncle and brother-in-law. She asserted that she has not been detained by anybody, leave alone her mother. She further stated that she is not interested to go with the petitioner to the matrimonial home. According to her, the marital relationship between her and the petitioner had not been cordial at all. 2. We have interacted with the petitioner and the mother of Ms. Nitha. The petitioner stated that he is at a loss as to why his wife had not been responding to his calls. He still feels that respondents 1 to 3 are responsible for the present predicament. But respondent No.1, the mother of Ms. Nitha stated before us that her daughter is categoric that she does W.P.(Crl.)No.42/2009 2 not intend to go with the petitioner. She further stated that her daughter had informed her that the petitioner had been harassing her, both mentally and physically. 3. Having regard to the entire facts and circumstances, we are of the view that the petitioner cannot be granted any relief since the detenu who is 23 years old stated before us that she is not under illegal detention as alleged in the petition. Therefore, the Writ Petition is closed. (A.K. BASHEER) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(Crl.)No.42/2009 3 A.K. BASHEER & C.T. RAVIKUMAR, JJ. W.P.(Crl.) No.42/2009 JUDGMENT 6th February, 2009