IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(Crl.).No. 490 of 2010(S) --------------------------- PETITIONER: --------------- PRADEEP, AGED 23 YEASR, S/O.PRABHAKARAN, NELLIPALLAM HOUSE, KUZHINJAMPARA,NATTUKAL, CHITTOOR TALUK, PALAKKAD BY ADV. SRI.S.RAJEEV RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMETN, HOME DEPARTMENT GOVT.SECRETARIAT,THIRUVANANTHAPURAM - 695001 2. DIRECTOR GENERAL OF POLICE (LAW & ORDER)POLICE HEADQUARTERS, THIRUVANANTHAPURAM - 695001 3. SUPERINTENDENT OF POLICE, OFFICER OF THE SUPERINTENDENT OF POLICE PALLAKAD-678001 4. CIRCLE INSPECTOR OF POLICE, PALAKKAD TOWN NORTH POLICE STATION, PALAKKAD-678001 5. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, PALAKKAD-678001 (CRIME NO-799/2010 OF PALAKKAD NORTH POLICE STATION,PALAKKAD) 6. RAJESH BABU, 13/121,ERAEPPARAMBIL HOUSE, MUTTIMAMBULLAM, NATTUKAL POST, PALAKKAD DISTRICT, KERALA-678583 GOVERNMENT PLEADER, SHRI C M KAMAPPU FOR R1-2&4-5 SRI.P.CHANDRASEKHARAN PILLAI FOR SC,CBI SRI.NAGARAJ NARAYANAN FOR R6 SRI.SAIJO HASSAN FOR R6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 490 of 2010 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of June, 2011 JUDGMENT K.M. Joseph J., This is a case where the petitioner seeks a writ of habeas corpus for the production of his sister, Praseetha. The allegations illegal detention is made against sixth respondent. Sixth respondent is married. 2. The detenue was traced out. Read order dated 26.5.2011. We have directed the alleged detenue to go and reside with her parents subject to certain conditions, which we imposed on her parents. 3. The alleged detenue is produced today. We have interacted with the alleged detenue, the petitioner, petitioner's mother and his father. We also heard learned counsel appearing for W.P.(Crl.) No. 490 of 2010 :2: the parties. As of now, the sixth respondent is married and proceedings have been commenced to obtain divorce from his first wife. The alleged detenue would say that she is prepared to go and reside with her parents. She would say that she may be permitted to continue with her education, B.A.Literature course. The petitioner and his father have no objection in the alleged detenue continuing with her B.A. Course. We also record the submission of the petitioner and his father that if the detenue is inclined, they will not object the alleged detenue in marrying the sixth respondent, if the sixth respondent gets a valid divorce. 4. We close the Writ Petition by allowing the alleged detenue to go and reside with her parents. We make it clear that the parents and the petitioner will not compel her to undergo any marriage contrary to her wishes and that they will permit her to continue her B.A. Literature course. K.M.JOSEPH, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/ W.P.(Crl.) No. 490 of 2010 :3: S. SIRI JAGAN & M.L.JOSEPH FRANCIS JJ., - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl.) No. 490 of 2010 S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of April, 2011 ORDER Siri Jagan J., The detenue has been produced by the police and they submitted that she was apprehended from Gwalior, alongwith the sixth respondent. She was earlier produced before the Magistrate at Palakkad and as per the instructions of the Magistrate, she was directed to be accommodated in a Mahila Mandir. 2. We had interacted with the detenue. She says that the sixth respondent, although married, is proposing to get a divorce from his first wife and she submits that she will cohabit with the sixth respondent only after the sixth respondent getting divorce from his first wife. The counsel for the petitioner submits that the parents of the detenue and the petitioner has no objection, if the sixth respondent gets a proper divorce from his first wife and then W.P.(Crl.) No. 490 of 2010 :4: marries the detenue legally. The sixth respondent submits that he is taking steps to obtain divorce from his first wife in order to marry the detenue. He also undertakes that he will not cohabit with the detenue until he gets a divorce from his first wife legally. 3. In the above circumstances, for finalising the matter, the counsel for the petitioner seeks one week's time more. 4. Post on 26.4.2011. The detenue expresses a desire to reside with the sixth respondent's mother, who is residing alone at Palakkad. The sixth respondent undertakes that he will not go to that house as long as the detenue is there. Accordingly the detenue is allowed to reside with the sixth respondent's mother at her house at Palakkad. She shall appear before this Court on 26.4.2011. The sixth respondent shall also appear on 26.4.2011. S. SIRI JAGAN, (JUDGE) M. L. JOSEPH FRANCIS, (JUDGE) dl/