IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(Crl.).No. 215 of 2009(S) --------------------------- PETITIONER : --------------- VELAYUDHAN, S/O.THUPRAN, AGED 56 YEARS, SHANKARANPARAMBIL HOUSE, CHAMRAVATTOM P.O., TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.FIROZ RESPONDENTS: --------------- 1. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, PONNANI POLICE STATION, MALAPPURAM DISTRICT. 3. THE SUPERINTENDENT OF POLICE, OFFICE OF SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT. 4. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO STATE, HOME DEPARTMENT, TRIVANDRUM. 5. UMMER FAROOK, S/O.MOHAMMED AGED ABOUT 23 YEARS, V.P.VALIYAPARAMBIL, VETTAM PALLIPURAM AMSOM, PERIMTHALLUR DESOM, VIA B.P.ANGADI, TIRUR TALUK, PERIMTHALLUR P.O., MALAPPURAM DISTRICT. 6. MOUNATHUL ISLAM ASSOCIATION, (MOUNATHUL ISLAM SABHA), PONNANI, MOUNATHUL ISLAM SABHA, PONNANI, PONNANI P.O., MALAPPURAM DISTRICT. REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.215 of 2009 ------------------------------------- Dated this the 7th day of September, 2009 JUDGMENT BASANT, J. Today when the case is called, the petitioner is not present. His wife Saraswathy is present. The alleged detenue and the 5th respondent are present. The alleged detenue and the 5th respondent have today produced for perusal of the Court a marriage certificate dated 01.09.09 issued by the Secretary of the 6th respondent. The same confirms that the marriage between the alleged detenue and the 5th respondent had taken place in accordance with religious rites on 29.08.09. 2. The learned counsel for the petitioner submits that it having been shown satisfactorily now that the alleged detenue and the 5th respondent are legally married spouses, the petitioner does not want to seek any further directions in this Writ Petition. The said submission of the learned counsel for the petitioner is accepted and this Writ Petition is dismissed. The W.P(Crl.) No.215 of 2009 2 alleged detenue and the 5th respondent are permitted to leave the Court together as desired by them. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- W.P(Crl.) No.215 of 2009 3 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.215 of 2009 ------------------------------------- Dated this the 27th day of August, 2009 ORDER BASANT, J. This order must be read in continuation of the orders dated 08/06/2009 and 24/08/2009. The alleged detenue Vidya @ Fasila has been brought to court from the Shantinikethan hostel where she was accommodated from 24/8/2009. The 5th respondent is also present. It is represented that their marriage has not been solemnised so far. Parties pray that the alleged detenue may be permitted to reside at the 6th respondent's institution. The learned Government Pleader, after contacting the 6th respondent, W.P(Crl.) No.215 of 2009 4 submits that the 6th respondent is willing to so accommodate the alleged detenue, if this court so directs. Accordingly, we accept the request of the alleged detenue, the 5th respondent and the learned counsel for the petitioner and direct that the alleged detenue Vidya @ Fasila shall be permitted by the 6th respondent to reside at the 6th respondent's institution. 2. Call again on 07/09/2009. If the marriage between the alleged detenue and the 5th respondent is performed in accordance with law earlier, they shall be at liberty to move this court for an early disposal of this petition. The learned Government Pleader undertakes that the alleged detenue shall be taken to the 6th respondent institution by woman police constables not in uniform today. 3. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) jsr