IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 Crl.MC.No. 2740 of 2008() ------------------------- CRIME NO. 606 OF 2008 OF FORT KOCHI POLICE STATION PETITIONER: ------------ HAZEENA. A.I., AGED 24 YEARS, D/O. IBRAHIM, HOUSE NO. CC3/242, ERAVELY COLONY, FORT KOCHI, NOW RESIDING AT KOTTAKKATTU HOUSE, THANNITHODU P.O. KOZHENCHERRY TALUK, PATHANAMTHITA DISTRICT BY ADV. SRI.M.T.SURESHKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. C.M. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-07-2008 , THE COURT ON 21/07/2008 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 2740 of 2008 * * * * * * * * * * * * * * * * * * Dated: 21-07-2008 ORDER Petitioner who is a young lady said to be aged 24 years and hailing from Eraveli Colony in Fort Kochi, seeks a direction to the J.F.C.M. II, Pathanamthitta to permit her to surrender before the said Magistrate and give a statement so as to forward the same to J.f.C.M. I, Kochi for the sake of Crime No. 606 of 2008 registered by the Fort Kochi police at the instance of the petitioner's uncle. 2. The case of the petitioner is as follows:- She is currently doing ICWA course. While so,. she fell in love with one Sreekumar, 27 years of Kozhencherry Taluk. Since her parents and other relatives were against the above alliance and her lover belong to a different religion the petitioner and her fiancée decided to get married as per the provisions of the Special Marriage Act for which purpose a notice under Sec. 5 of the said Act has been given on 23-6-2008. While so, the petitioner has learnt that at the instance of her uncle one Ashraf, the Fort Kochi police have registered a case as Crime No. 606 of 2008 for “man missing” and the police are in search of the petitioner. If, at this stage, the Crl.M.C. No. 2740 of 2008 -:2:- petitioner were to go anywhere near her residence she will be arrested by the police and forcibly separated from her lover. Hence the prayer as above. 3. The learned Public Prosecutor submitted that there cannot be any objection to the above request of the petitioner especially in the light of the decision of the Apex Court in (2006) 5 SCC 475 - Lata Singh v. State of U.P. and Another. Accordingly, the petitioner is permitted to surrender before the J.F.C.M. II, Pathanamthitta and give a statement which shall be forwarded to the J.F.C.M. I, Kochi for the purpose of Crime No. 606 of 2008 of Fort Kochi Police Station. With the above observation, this Crl. M.C. is disposed of. V. RAMKUMAR, (JUDGE) ani.