IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(Crl.).No. 310 of 2009(S) --------------------------- PETITIONER : --------------- ABHILASH S.NAIR, S/O.R.SUKUMARAN NAIR, AGED 26 YEARS, JAYA BHAVAN, PARAKKAVILA, PEYAD P.O. THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER SMT.M.JAYASREE RESPONDENTS : --------------- 1. CIRCLE INSPECTOR OF POLICE, PETTAH CIRCLE, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, PETTAH POLICE STATION, PETTAH, THIRUVANANTHAPURAM. 3. G.CHANDRASEKHARAN NAIR, 'NANDANAM', TC. 29/1423 (1), MGRA-II, PALKULANGARA, THIRUVANANTHAPURAM - 24. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR ADV. SRI.RAM MOHAN.G. FOR R3 SRI.G.P.SHINOD FOR R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.310 of 2009 ------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT BASANT, J. The petitioner, a young man, aged 26 years, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Lakshmi C.Nair, daughter of the 3rd respondent, aged about 21 years, who, the petitioner apprehended, is detained against her wishes forcibly by the 3rd respondent. According to the petitioner, he and the alleged detenue Lakshmi C.Nair are in love and they have, though they have not formally registered their marriage, had exchanged garlands at Sree Krishna Swami Temple, Malayinkeezh. Thus according to him, he and the alleged detenue are legally wedded man and wife. Apprehending that the alleged detenue was illegally detained by the 3rd respondent her father, the petitioner had filed this petition on 03.08.09. 2. The petition was admitted on 04.08.09. Notice was ordered to the respondents and the case was posted to this date. 3. Today when the matter came up, the petitioner and his counsel are present. The 3rd respondent has also entered W.P(Crl.) No.310 of 2009 2 appearance through a counsel. The alleged detenue Lakshmi C.Nair has come to Court along with the 3rd respondent. 4. As the alleged detenue comes from the custody of the 3rd respondent, we permitted her to remain in the Chamber without being influenced by anyone. We asked her specifically in Court whether she wants to meet and have interactions with the petitioner. But she stated that she does not want such an opportunity. We interacted with the alleged detenue after lunch hour in the Chamber. She asserts that she has already attained the age of 21 years, she having been born on 13.06.88. She has completed her B.Com. degree course, but has to pass in a couple of papers. According to her, she is not under the detention or confinement of anyone. She does not admit the assertion of the petitioner that she has got married legally to the petitioner. We interacted with the detenue and thereafter in the presence of all concerned including the Government Pleader, the alleged detenue stated before us categorically that she wants to leave the Court along with the 3rd respondent. 5. We are now convinced that the alleged detenue Lakshmi C.Nair is not under the illegal confinement or detention of anyone. We respect her statement that she does not want to have any relationship with the petitioner and wants to return W.P(Crl.) No.310 of 2009 3 from Court along with her father, the 3rd respondent. No further directions are, in these circumstances, necessary in this Writ Petition. Sublime counsel have discussed the matter among themselves and both agree that certain articles which are available with the petitioner and the alleged detenue shall be returned to the other harmoniously without any intervention of the Court. In fact a diary and certificates of the alleged detenue which the petitioner has with him have been returned to the alleged detenue by the petitioner and an ornament which the alleged detenue has with her has been returned by her to the petitioner. 6. This Writ Petition is, in these circumstances, dismissed. We accept the statement of the alleged detenue - Lakshmi C.Nair and she is permitted to leave the Court along with her father, the 3rd respondent. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-