IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 15TH JULY 2009 / 24TH ASHADHA 1931 WP(Crl.).No. 263 of 2009(S) --------------------------- PETITIONER(S): --------------- KIRANJITH, AGED 26 YEARS, S/O. M.S. VELAYUDHAN, MUTTATH HOUSE, E-19, M.C. ROAD, ANKAMALY. BY ADV. SRI.D.ANIL KUMAR RESPONDENT(S): --------------- 1. MAHENDRAN, D4, EAST AVENUE APARTMENT, KALOOR, ERNAKULAM. 2. REETHA, W/O. MAHENDRAN, SMRITHA, PERALASSERY, KANNUR. 3. SUPERINTENDENT OF POLICE, KANNUR. 4. CIRCLE INSPECTOR OF POLICE, CHEACKARAKAL, KANNUR DIST. BY G.P. SRI. K.J. MOHAMMED ANZAR. ADV. SRI.GEORGE THOMAS (MEVADA) FOR R1-2 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No.263 of 2009-S ------------------------------------------------- Dated this the 15th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man, has come to this Court with the prayer for issue of a writ of habeas corpus to search for, trace and produce Ms.Smriti - an adult major woman, who, the petitioner claimed, he was in love with and who, he apprehended and alleged, was being illegally detained and confined by respondents 1 and 2 herein - the parents of the said girl. The petitioner further alleged that the said Ms.Smrithi was being compelled against her wishes by her parents to undergo a marriage with some other person. It is at this juncture that the petitioner has come to this Court with this writ petition on 6/7/09. 2. This writ petition was admitted on 7/7/09. Notice was W.P.(Cri) No.263 of 2009-S -: 2 :- ordered to the respondents. When the matter came up for hearing on 10/7/09, respondents 1 and 2 appeared before the Court and through their counsel opposed the application. This Court directed that the alleged detenue Ms.Smrithi be brought to Court during lunch hour so that we could interact with the said Ms.Smrithi after lunch recess. 3. We interacted with the alleged detenue Ms.Smrithi on 10/7/09. She was permitted to interact with the petitioner herein also. As we found that the alleged detenue Ms.Smrithi needed time to take a firm decision, the case was adjourned to this date and Ms.Smrithi was permitted to return along with her parents as desired by her. 4. Today, the petitioner, respondents 1 and 2, their counsel and Ms.Smrithi are present before us. We called the matter at 1.45 p.m. in the Chamber. We ascertained from Ms.Smrithi whether she is under illegal confinement or detention by any one. She stated that she is not. In response to a query put by us, she carefully and cautiously stated that she now wants to return along with her parents. She was assured that she being an adult woman is entitled to leave the Court in accordance with her wishes; but she specifically responded to us that she wants to leave the Court with her parents. Asked about the alleged W.P.(Cri) No.263 of 2009-S -: 3 :- compulsion brought on her to agree for an engagement with another person, the alleged detenue stated that she had consented to the engagement and that she will take appropriate decision at the appropriate time. 5. We have heard the learned counsel for both sides. We are satisfied that Ms.Smrithi is not under any illegal confinement or detention. Having been satisfied about that fact, we are satisfied that no further directions are necessary in this writ petition. 6. This writ petition is accordingly dismissed. Respecting the wishes of Ms.Smrithi, she is permitted to leave the Court along with respondents 1 and 2 - her parents. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No.263 of 2009-S -: 4 :-