IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(Crl.).No. 19 of 2011(S) ---------------------------------- PETITIONER(S): ---------------------- SALMAN, AGED 24, S/O. ILLATHUPARAMBIL, KOVILKADAVU, KANJIRAPPALLY. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.LIJI.J.VADAKEDOM RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, CIVIL STATION, KOTTAYAM-686 002. 2. SUB INSPECTOR OF POLICE, POLICE STATION, PALA-686 575. 3. JOSE MATHEW, S/O. MATHEW, MOLOPARAMBIL HOUSE, POOVARANI P.O., PALA-686 577. R1 & R2 BY GOVERNMENT PLEADER SRI.KAMMAPPU R3 BY ADV. SRI.GEORGE POONTHOTTAM SRI.SUJITH MATHEW JOSE SRI.M.PRAVEESH THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPCR NO.19 OF 2011: PETITIONER'S EXHIBITS: EXT.P1.COPIES OF THE PHOTOGRAPHS TAKEN TOGETHER BY THE PETITIONER AND THE DETENU. EXT.P2.TRUE COPIES OF THE LETTERS WRITTEN TO THE PETITIONER INTIMATING ABOUT THE MARRIAGE AND ASKING HIM TO TAKE THE DETENU ALONG WITH THE PETITIONER. EXT.P3.PHOTOCOPY OF THE NOTICE OF INTENDED MARRIAGE DATED 29.9.2010 GIVEN BY THE PETITIONER AND THE DETENU BEFORE THE SUB REGISTRAR, ERNAKULAM. EXT.P4. PHOTOCOPY OF THE ORDER OF THIS HONOURABLE COURT DATED 3.11.2010 IN WP (CRL) 417/2010. EXT.P5.PHOTOCOPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 30.11.2010 IN WP (CRL). K.M.JOSEPH & M.L.JOSEPH FRANCIS, JJ. ------------------------------------------------------ W.P.(CRL) No.19 of 2011-S ---------------------------------------------- Dated, this the 25th day of January, 2011 J U D G M E N T K.M.Joseph, J. The prayer in the writ petition is as follows: “ to issue a writ of Habeas Corpus directing the respondents to produce the body of the daughter of the 3rd respondent- Maria Jose aged 20 before this Honourable Court and to set her at liberty.” 2. Petitioner has approached this Court alleging that petitioner and Maria Jose, daughter of the 3rd respondent were in love for the last five years and they decided to marry each other. Petitioner is a Muslim and Maria Jose is a Christian. There is objection by the 3rd respondent. Inter alia there is reference to Ext.P4 interim order followed by Ext.P5 judgment. A counter affidavit has been filed by the 3rd respondent. 3. By order dated 21.1.2011 we had directed the 3rd respondent to produce the girl before us. Today, the alleged detenu was produced before us. We interacted with the alleged detenu and also the petitioner. We also heard the learned counsel for the parties. The alleged detenu would say that she would like to go with her parents. In the light of that submission we close this Writ Petition (Criminal). (K.M.JOSEPH) JUDGE. (M.L.JOSEPH FRANCIS) JUDGE. MS