IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN THURSDAY, THE 20TH SEPTEMBER 2007 / 29TH BHADRA 1929 WP(Crl.).No. 209 of 2007(S) --------------------------- PETITIONER: ------------ GOPALAKRISHNA PILLAI,AZHAKATHU VEEDU, UMMANNOOR VILLAGE,KOTTARAKKARA TALUK, KOLLAM DISTRICT. BY ADV. SRI.A.MUHAMMED RAFFI SRI.SANTHAN V.NAIR SRI.V.GOPIKRISHNA SMT.K.J.JISMA RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVT. SECRETARIAT,THIRUVANANTHAPURAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. TE DEPUTY SUPERINTENDENT OF POLICE, DY.S.P. OFFICE, PUNALUR, KOLLAM. 3. THE CIRCLE INSPECTOR OF POLICE, KOTTARAKKARA,KOLLAM. 4. THE SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, KOTTARAKKARA,KOLLAM. 5. SIVAKUMAR,SIVAMANDIRAM,ELAMMADU VILLAGE, BY ADV. SRI.K.V.ANIL KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 24-8-2007. EXT.P2: TRUE COPY OF THE RECEIPT DT.1-8-2007 EVIDENCING THE RECEIPT OF EXTP1 COMPLAINT. EXT.P3: TRUE COPY OF THE RECEIPT DT.24-8-2007. //TRUE COPY// P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------- WP(CRL.) NO. 209 OF 2007 --------------------------------------- Dated 20th September, 2007 JUDGMENT Raman, J. This is a Writ of Habeas Corpus filed by the petitioner alleging that his daughter Chithralekha was found missing from 19- 7-2007 onwards and her whereabouts are not known to him thereafter. A petition was filed before the 4th respondent, but according to the petitioner, she could not be traced out. It is prayed that a direction be issued to search and produce the girl before this Court and set her free. 2. Pursuant to the notice issued, the alleged detenu Chithralekha appeared before this court. We interacted with her. She stated that she has attained majority and she on her own free will and volition married the 5th respondent herein. She has studied up to T.T.C. 3. 5th respondent filed a detailed counter affidavit along with Ext.R5(a) marriage certificate issued by the Marriage Officer, Elamadu Grama Panchayat, Kottarakara Taluk. Ext.R5(a) produced would show that Chitralekha was married to Sivakumar on 19-9- WPCR209/2007. 2 2007 at Elamad Pullunni Temple and registered with the Marriage Officer under the Special Marriage Act. She also submitted before us that she is not under illegal custody and she is a free person. In the above circumstances, recording the above submission that she is not under illegal custody, the writ petition is closed. P.R.RAMAN, JUDGE. V.K.MOHANAN, JUDGE. Kvm/ WPCR209/2007. 3 V.K.MOHANAN, J. No.... Judgment/Order Dated: