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 20TH JULY 2010 / 29TH ASHADHA 1932 WP(Crl.).No. 281 of 2010(S) --------------------------- PETITIONER: --------------- N.M.VIJAYAKUMAR, S/O.MANIYACHARI, AGED 29 YEARS, RESIDING AT NEENDOOR PARAMBIL VEETIL, SHM P.O., PERUSAIKAD VILLAGE, MEENACHAL TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. SUPERINTENDENT OF POLICE, KOTTAYAM-686 001. 3. DEPUTY SUPERINTENDENT OF POLICE, PALA, KOTTAYAM DISTRICT-686 001. 4. CIRCLE INSPECTOR OF POLICE, PALA, KOTTAYAM DISTRICT-686 001. 5. SUB INSPECTOR OF POLICE, MARANGATTUPALLY POLICE STATION, KOTTAYAM DISTRICT-686 001. 6. GOPALAKRISHNAN NAIR, RESIDING AT AMBADY VEEDU, VAYALA P.O., ELAKADU VILLAGE, KOTTAYAM DISTRICT-686 587. 7. USHA, W/O.GOPALAKRISHNAN NAIR, RESIDING AT AMBADY VEEDU, VAYALA P.O., ELAKADU VILLAGE, KOTTAYAM DISTRICT-686 587. GOVERNMENT PLEADER SRI.V.P.K.MOHANAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 20/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.281 of 2010 ********************* Dated this the 20th day of July, 2010 JUDGMENT BASANT, J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce Ms.Divya Krishnan, a young woman aged 24 years (date of birth - 31.05.1986). She has passed her Plus Two course and has done a computer course. She was employed for some period of time. The petitioner and the said alleged detenue Divya Krishnan are in love. They have decided to get married. The parents of the alleged detenue Divya Krishnan, ie. respondent Nos.6 and 7 are not agreeable for the marriage. Coming to know of the desire of the petitioner and the alleged detenue to get married, respondent Nos.6 and 7 are illegally detaining the alleged detenue. They are not permitting her to go out of her house. They are not permitting her to speak to the petitioner. She has been shifted to some unknown place from 29.06.2010 and her whereabouts are not known. The petitioner came to know that the alleged detenue Divya Krishnan, unable to stand the trauma of illegal detention, had attempted to commit suicide by cutting W.P(Crl.) No.281 of 2010 2 the vein of her wrist. It is, in these circumstances, that the petitioner came to this Court with this petition on 12.07.2010. 2. The matter came up for admission on 15.07.2010. We were not prima facie satisfied that the petition deserves admission. We permitted the learned Government Pleader to take instructions. Later after hearing the learned Government Pleader on 15.07.2010, we admitted the Writ Petition and ordered notice to the respondents. The case was posted to this date. 3. Today when the case came up for hearing, the petitioner is present along with his wife. He is represented by a counsel. Respondent Nos.6 and 7 have appeared before Court. They are also represented by a counsel. The alleged detenue Divya Krishnan has come to Court along with respondent Nos.6 and 7. 4. We interacted with the alleged detenue in open Court. As she comes from the custody of respondent Nos.6 and 7, we granted her opportunity to remain alone in the Chamber without any opportunity for respondent Nos.6 and 7 to influence her decisions. We asked her whether she wants to speak to the petitioner. She answered in the negative. W.P(Crl.) No.281 of 2010 3 5. After lunch recess, we interacted with the alleged detenue in the Chamber. We interacted with her alone initially and later in the presence of her parents. Subsequently we interacted with the petitioner. The learned Government Pleader, the learned counsel for the petitioner and the learned counsel for respondent Nos.6 and 7 were also present. 6. The alleged detenue states before us that she is not under any illegal detention or confinement. She does not deny her earlier acquaintance with the petitioner, but she states that she does not want to continue the relationship. She stated before us specifically in reply to a pointed question that she wants to return from court along with her parents. 7. In a petition for issue of a writ of habeas corpus, this Court is primarily concerned with the question whether the alleged detenue is under any illegal detention or confinement. Our interactions with the alleged detenue confirms that she is not under any illegal detention or confinement. She appears to have taken the decision not to continue the relationship and to return from court along with her parents. Her parents are not agreeable to any relationship between the petitioner and the alleged detenue. W.P(Crl.) No.281 of 2010 4 8. Having satisfied ourselves that the alleged detenue is not under any illegal confinement or detention and having further satisfied ourselves that the alleged detenue wants to leave the Court along with her parents, we are satisfied that no further directions are necessary in this Writ Petition now. 9. In the result: a) This Writ Petition is dismissed; b) The alleged detenue Ms.Divya Krishnan is permitted to leave the Court along with respondent Nos.6 and 7, her parents, as desired by her. Both parties agree that there shall be no harassment or difficulties caused to either by the other party. The learned Government Pleader submits that if either party has any complaint, they can complain before the 5th respondent, who has been instructed to do the needful in the matter. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/