IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WP(Crl.).No. 270 of 2008(S) --------------------------- PETITIONER: PETITIONER ---------------------- K.MURUKESH, T.C., 117, ASHRAMAM LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.A.B.MOHANAKUMAR RESPONDENTS: RESPONDENTS ------------------------ 1. THE DISTRICT SUPERINTENDENT OF POLICE DSP (RURAL) OFFICE, KURAVANKONAM. THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, ARYANADU POLICE STATION, ARYANADU, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF INSPECTOR OF POLICE, POLICE CIRCLE STATION, ARYANADU, THIRUVANANTHAPURAM. 4. PADMAKSHY AMMA, W/O. SURENDRAN, SURIJA BHAVAN, MELEKKONAM, KUTHIRAVILA P.O., VELLANADU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER, SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 270 of 2008(S) APPENDIX PETITIONER's EXTS: EXT.P1 TRUE COPY OF THE RECEIPT DATED 11/7/2008 OF THE INTENDED MARRIAGE OF THE PETITIONER TO SURIJA ISSUED FORM THE SUB REGISTRAR OFFICE, THIRUVALLAM. EXT.P2 TRUE COPY OF THE PRIVATE COMPLAINT DATED 26/07/2008 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 ENGLISH TRANSLATION OF EXT.P2 EXT.P4 TRUE COPY OF THE INTIMATION DATED 28/07/2008 GIVEN TO THE 1ST RESPONDENT BY COUNSEL FOR THE PETITIONER. \\TRUE COPY// P.A to Judge P.R.RAMAN & T.R.RAMACHANDRAN NAIR, JJ. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(CRL).No.270 of 2008-S ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 12th day of August, 2008 J U D G M E N T J U D G M E N T RAMAN, J. The petitioner alleges that Surija, with whom he developed an intimacy and agreed to marry, is under the illegal custody of her mother. 2. Pursuant to the notice issued, the alleged detenue Surija appeared before us. We have interacted with her. She stated that she is a major and was employed as a lab technician. For the past three months, she has stopped attending the office as she was not satisfied with the salary paid by them. She lost her father during her childhood. She is staying with her mother. There is no other male member in the family. Her elder sister is already married. She has stated that the petitioner was her 'friend'. She has plainly told him that she cannot marry him unless it is agreed upon by her mother also. Both of them belonged to different castes therefore, her mother did not agree for their marriage. In such circumstances, the girl submitted that she is not ready and willing to marry the petitioner. W.P.(C).NO.270/2008-S -:2:- She also informed that she may not be dragged into any court proceedings hereafter. 3. We are satisfied that what she stated before us is on her own will and voluntary. She submitted that some photographs of her are with the petitioner, she would like to get it back. One mobile phone given to her by the petitioner had been handed over to the Sub Inspector of Police. We also direct the Sub Inspector of Police to hand over the mobile phone and get back the photographs and give the same to the alleged detenue. 4. In the light of the above facts and since, she is already a major and is not under illegal custody of anybody, the writ petition is closed. ` P.R.RAMAN, Judge T.R.RAMACHANDRAN NAIR, Judge ms