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 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(Crl.).No. 44 OF 2008(S) -------------------------- PETITIONER: ------------ 1. SHAMSUDHEEN, AGED 61, S/O.ABDUL MUTHU, ALBAIT, MAYYANAD P.O., KOLLAM. 2. NOUSHADKUTTY.A., AGED 29, S/O.ALIYAR KUNJU, THOTTATHIL VEEDU, KANNANALLUR P.O., THRIKOVILVATTOM VILLAGE, KOLLAM. BY ADV. SRI.P.K.BALAKRISHNAN NAIR RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, POLICE STATION, KOTTIYAM, KOLLAM. GOVT. PLEADER SRI. C.M. KAMMAPPU THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 14.2.2008, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: W.P.(CRL.) NO. 44/2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE F.I.R. DATED 20.1.2008 REGISTERED BY THE KOTTIYAM POLICE STATION. EXT.P2 TRUE COPY OF THE EXTRACT OF TELEPHONIC CALLS OF THE MOBILE NO. 9995668330. // TRUE COPY // P.S. TO JUDGE. knc/- P.R. RAMAN & V. K. MOHANAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 44 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 14TH DAY OF FEBRUARY, 2008. J U D G M E N T Raman, J. This writ petition was not listed for today. But the learned Government Pleader submitted that the alleged detenue is traced out and sought permission to produce her. Accordingly, we granted permission, called for the file and the matter was taken up for consideration. 2. The first petitioner is the father and the second petitioner is the husband of the alleged detenue Mrs. Sherin. Both the petitioners are working in Behrain. The allegation made in the writ petition is that Mrs. Sherin was found missing from the house of the second petitioner from the midnight of 19.1.2008. According to the petitioners, the second petitioner married Mrs. Sherin on 11.7.2004 and a child was born in that wedlock. On coming to know that Sherin is found missing, petitioners made enquiries and they suspect that she is under the illegal custody of one Jayakumar. However, Jayakumar is not made a party to this writ petition. 3. Pursuant to the direction issued by this Court, the alleged detenue was produced before this court by the third respondent Sub Inspector of WP(CRL.) 44/2008 :2: Police. We interacted with the alleged detenue and also with her father, the first petitioner herein. She stated that she is a major and has completed 29 years of age, that she did not know who is Jayakumar, that she has gone with one Rinas with whom she is in love and is now residing with him and that she is not under the illegal custody of anybody as alleged in the writ petition. Since the alleged detenue Mrs. Sherin is a major, aged 29 years and has stated that she is not under the illegal custody of anybody, we are constrained to close this writ petition, setting her free. P.R. RAMAN, (JUDGE) V. K. MOHANAN, (JUDGE) knc/-