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. 314 of 2009(S) --------------------------- PETITIONER(S): --------------- RAVEENDRAN NAIR, AGED 60 YEARS, S/O.PARAMESWARAN NAIR, REMYA BHAVAN, ARASUMOODU, KULATHOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.P.V.ANIL SRI.R.CHANDRAPRAVEEN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM. 2. THE SUB INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, KILIMANOOR POLICE STATION, THIRUVANANTHAPURAM. 4.SUNIL, AGED ABOUT 30 YEARS, S/O.KARUNAKARAN, VILAYIL VEEDU, MAOTHALA P.O., CHEMMARA, NEAR KILIMANOOR, PALLICKAL PANCHAYATH, THIRUVANANTHAPURAM DISTRICT. BY G.P. SRI. K.J. MOHAMMED ANZAR. 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.(Cri) No. 314 of 2009-S ------------------------------------------------- Dated this the 11th day of August, 2009 JUDGMENT Basant,J. The petitioner - a person aged about 60 years, has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his daughter Ms. Remya, aged above 24 years, who has been missing from 22/7/09. The petitioner apprehended that his daughter was illegally detained by the 4th respondent herein. 2. This writ petition was filed on 4/8/09. It was admitted on 5/8/09. Notice was ordered to the respondents and the case was posted to this date. 3. Today, when the case is called, the petitioner is present along with his wife. His counsel is also present. The 3rd respondent has appeared before this Court. The alleged W.P.(Cri) No. 314 of 2009-S -: 2 :- detenue Ms. Remya is also present. 4. As the alleged detenue was coming from the custody of the 4th respondent, we permitted her to remain in the Chamber without being influenced by any one. Of course, the petitioner and his wife were permitted to have interactions with the alleged detenue. 5. We met the alleged detenue after lunch recess and interacted with her. She stated before us that she is aged about 25 years - she having been born on 19/10/84. She is a Teacher and was employed at A.J. Central School, Kazhakoottam. She has B.Sc. and B.Ed. degrees. According to her, she has married the 4th respondent in accordance with the Hindu religious rites on 1/8/09 at Sree Bhadradevi Temple, Kodimarathin Moodu. A certificate of marriage issued by the Local Registrar of Hindu Marriages, Pallickal Grama Panchayat is produced to confirm such marriage. 6. The alleged detenue Ms.Remya has asserted before us that the 4th respondent is her legally wedded husband and that she is not under illegal confinement or detention of any one. In W.P.(Cri) No. 314 of 2009-S -: 3 :- response to a specific query put by this Court, Ms. Remya stated that she wants to leave this Court along with her husband - the 4th respondent. 7. We interacted with all concerned and their counsel including the learned Government Pleader in the Chamber. Though attempts were made to induce the parties to come to a harmonious settlement, we find that such attempts are not successful today. It is hoped that the parties shall be able to settle their disputes in the near future. 8. The 4th respondent is present before Court and has filed a counter affidavit. Along with that a marriage certificate referred to above has been produced. 9. We are satisfied that the alleged detenue Ms. Remya is not under the illegal confinement or detention of any one. The learned Government Pleader reports that Ms. Remya was traced by the police and was produced before the learned Magistrate having jurisdiction and accepting her statement, the learned Magistrate had allowed her to go with the 4th respondent. 10. We are, in these circumstances, satisfied that no W.P.(Cri) No. 314 of 2009-S -: 4 :- further directions are necessary in this writ petition. This writ petition is accordingly dismissed and the alleged detenue Ms. Remya is permitted to go along with her husband - the 4th respondent from this Court as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No. 314 of 2009-S -: 5 :-