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 13TH JULY 2009 / 22ND ASHADHA 1931 WP(Crl.).No. 254 of 2009(S) --------------------------- PETITIONER(S): --------------- RAMESAN, S/O.BABU, AGED 28 YEARS, RESIDING AT HOUSE NO.388(1920), ATTUMUDUMBIL, WARD NO.22, ATTUKAL, THIRUVANANTHAPURAM. BY ADV. SRI.AYYAPPAN SANKAR SRI.G.SURARSHAN RESPONDENT(S): --------------- 1. THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, ATTAKULANGARA, THIRUVANANTHAPURAM. 2. SASIDHARAN, RESIDING AT 482/1A/58/2145), WARD NO.22, ATTUKAL, THIRUVANANTHAPURAM. 3. SHYAMALA, W/O.SASIDHARAN, RESIDING AT 482/1A/58/2145), WARD NO.22, ATTUKAL, THIRUVANANTHAPURAM. 4. AJAYAN, RESIDING AT PANTHAPLAVIL VEEDU, WARD NO.22, ATTUKAL, THIRUVANANTHAPURAM. 5. BINDU, RESIDING AT PANTHAPLAVIL VEEDU, WARD NO.22, ATTUKAL, THIRUVANANTHAPURAM. BY G.P. SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 254 of 2009-S ------------------------------------------------- Dated this the 13th day of July, 2009 JUDGMENT Basant,J. The petitioner - a young man aged 28 years, has come to this Court with the prayer that a writ of habeas corpus may be issued to search for, trace and produce the alleged detenue Syamlatha - a woman aged 22 years, who, according to the petitioner, has already married him on 18/6/09. According to the petitioner, the alleged detenue Syamlatha was being detained illegally by respondents 2 to 5 - her parents, brother- in-law and sister respectively. 2. This writ petition was filed on 2/7/09. It was admitted on the same day. Notice was issued to the respondents. When the matter came up on 6/7/09, the learned Government Pleader submitted that the alleged detenue shall W.P.(Cri) No. 254 of 2009-S -: 2 :- be produced before Court on 13/7/09. Accordingly, the case was posted to this date. 3. Today, when the case is called, the petitioner and his counsel are present. Respondents 2 and 3 and their counsel are present. The alleged detenue has come to this Court along with respondents 2 and 3. We permitted the alleged detenue to remain in the Chamber without an opportunity for any one to interact with her so that she can take a decision after due forethought and contemplation. After lunch recess, we interacted with the alleged detenue in the Chamber. Later we ascertained her response in the presence of all concerned and their counsel. 4. The alleged detenue Syamlatha is aged 22 years, she having been born on 25/7/87. She is a graduate. She has undergone the P.G.D.C.A. Course. She was working as Computer Teacher, it is submitted. 5. In response to our specific queries, the alleged detenue stated before us that the petitioner is not her husband and that their marriage was never solemnised as alleged. She further asserted that she is not under any illegal confinement or detention and that she wants to return from the Court along with the parents - respondents 2 and 3. W.P.(Cri) No. 254 of 2009-S -: 3 :- 6. The petitioner asserts that there has been a marriage and that the alleged detenue is now changing her version under pressure and duress. 7. We need only mention that we have given the alleged detenue sufficient time to introspect and contemplate her response to us. According to her, she is not the wife of the petitioner. According to her, she is not under illegal detention or confinement by respondents 2 and 3. At the moment, we find no reason not to accept her version that she is not under illegal confinement or detention by respondents 2 to 5. 8. We are, in these circumstances, satisfied that this writ petition only deserves to be dismissed. We do so. Accepting the desire of the alleged detenue Syamlatha, she is permitted to leave this Court along with her parents - respondents 2 and 3. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 254 of 2009-S -: 4 :-