IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(Crl.).No. 101 of 2011(S) -------------------------------------- PETITIONER: ------------------- INDIRA SASIDHARAN , SASIVILASAM, KOTTA (P.O), KARAKKAD, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.K.SASIKUMAR, SMT.T.SUDHA DEVI. RESPONDENTS: ------------------------ 1. SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA – 689 533. 2. SUPERINTENDENT OF POLICE, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA – 689 645. 3. SUPERINTENDENT OF POLICE, ALAPUZHA DISTRICT,ALAPPUZHA – 688 001. 4. RAJEEV S.THAMPI, MRIYAKKATHARA VADAKKETHIL HOUSE, NEDUVARAM CODE P.O, CHERIYANADU, CHERIYANADU, CHENGANNUR – 689 594. 5. SUDHA S. THAMPI MRIYAKKATHARA VADAKKETHIL HOUSE NEDUVARAM CODE P.O, CHERIYANADU, CHENGANNUR – 689 594. W.P.(CRL.).NO.101/2011-S: *ADDITIONAL R6 IMPLEADED: ADDL.R6. SHRI K.B. MANOJ, AGED 45 YEARS, S/O. BAHULEYAN, SECRETARY, SREE BUDHA COLLEGE OF ENGINEERING FOR WOMEN, AYATHIL, ELAVUMTHITTA, PATHANAMTHITTA – 689 625. *IS IMPLEADED AS PER ORDER DATED 15/03/11 IN I.A. NO. 4456/2011 IN W.P.(CRL.) 101/2011. R1 TO R3 BY GOVT. PLEADER SRI. K. LAKSHMI NARAYANAN, R4 & R5 BY ADV. SRI.AJITH MURALI, ADDL. R6 BY ADV. SRI.S.RAJEEV, SRI.K.V.ANIL KUMAR FOR DETENUE. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.).NO.101/2011-S: APPENDIX PETITIONER'S EXHIBIT: EXT.P.1: COPY OF THE FIR IN CRIME NO.102/2011 OF ARANMULA POLICE STATION. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. Thottathil B.Radhakrishnan & N.K.Balakrishnan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.).No.101 of 2011-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of September, 2011. Judgment Thottathil B.Radhakrishnan, J. The alleged detenue is now residing in Abhinaya Ladies Hostel, Chengannur. There is no reason to assume that she is under illegal detention. She is not prepared to go with her mother. The 4th respondent is a minor aged below 21 years. We cannot, therefore, recognize the 4th respondent and the alleged detenue undergoing any marriage at this point of time. The 4th respondent's mother, 5th respondent, through her counsel, expresses her ability and consent to protect the alleged detenue and provide her residence appropriately. It is also stated that respondents 4 and 5 will ensure that the marriage between the alleged detenue and the 4th respondent is WPCR101//11 -: 2 :- conducted upon the 4th respondent attaining the age of 21 years. We record these submissions and order that the alleged detenue is free to go with the 5th respondent on the 5th respondent filing an affidavit before the Judicial Magistrate of the First Class having jurisdiction over Chengannur stating the aforesaid facts. On such affidavit being filed, the learned Magistrate will issue an order authorizing the release of the alleged detenue from continued surveillance of governmental authorities, including police and she could then go from Abhinaya Ladies Hostel, Chengannur and the direction requiring her to stay in that hostel would then stand vacated automatically. The writ petition ordered accordingly. Thottathil B.Radhakrishnan, Judge. N.K.Balakrishnan, Judge. Sha/