IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(Crl.).No. 323 of 2011(S) ------------------------------------------------ PETITIONER(S): ----------------------- BINU, AGED 36 YEARS, S/O. UTHAMAN, INDU BHAVAN, MEENADU EAST, CHATHANNOOR, KOLLAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENT(S): ------------------------ 1. THE ASSISTANT COMMISSIONER OF POLICE, CHATHANNOOR, KOLLAM DISTRICT-691572. 2. THE SUB INSPECTOR OF POLICE, CHATHANNOOR POLICE STATION, KOLLAM-691572. 3. YOHANNAN, KUNNUVILA, ULIYANADU, KARAMCODE.P.O., CHATHANNOOR, KOLLAM-691579. 4. ELSY, KUNNUVILA, ULIYANADU, KARAMCODE.P.O., CHATHANNOOR, KOLLAM-691579. R1 & R2 GOVERNMENT PLEADER SHRI C. M. KAMMAPPU. SRI.S.RAJEEV FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(CRL).NO.323 OF 2011 S PETITIONER'S EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE JUDGMENT IN WP(CRL).NO.462/2010 OF THIS HONOURABLE COURT. EXT.P2 TRUE PHOTOCOPY OF THE PETITION DATED 25.6.2011. RESPONDENTS' EXHIBITS: EXT.R3A COPY OF THE AFFIDAVIT SIGNED BY THE ALLEGED DETENU JINCY. //TRUE COPY// PS TO JUDGE K.M. JOSEPH & M. L. JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(CRL).NO. 323 OF 2011 S ------------------------------------------ Dated this the 2nd September, 2011 JUDGMENT K.M. Joseph, J. Petitioner has approached this Court seeking a writ of habeas corpus for production of the daughter of respondents 3 and 4 before this court. Allegation of illegal detention is made against the party respondents. The party respondents are the parents of the alleged detenue, named Jincy. According to the petitioner, he is in love with the alleged detenue. 2. Interim orders have been passed in this case. The alleged detenue was asked to reside in a hostel. Today, she was produced before us. We interacted with her. We allowed her to interact with the petitioner also. She would say that she would like to continue with her education by attending a Course in Nursing. Respondents 3 and 4 also are present. The father of the alleged detenue would W.P.(CRL).NO.323 OF 2011 S 2 say that the alleged detenue will be sent for attending a Course in Nursing in the Josco College at Panthalam. We record the undertaking of respondents 3 and 4 that they will indeed enroll the alleged detenue in a Course in Nursing in the Josco College, Panthalam and further that they will not compel her to marry anybody against her wishes. In the light of the stand of the alleged detenue and recording the undertaking as aforesaid, we close the Writ Petition and allow the alleged detenue to go with her parents. Sd/= K.M. JOSEPH, JUDGE Sd/= M.L. JOSEPH FRANCIS, JUDGE kbk. //True Copy// PS to Judge W.P.(CRL).NO.323 OF 2011 S 3