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 8TH DECEMBER 2009 / 17TH AGRAHAYANA 1931 WP(Crl.).No. 491 of 2009(S) --------------------------- PETITIONER : --------------- K.K.GOPINATHAN, S/O.KELAN, AGED 49, RESIDING AT MUKKARATHUPARAMBU, PALLILAMKARA, H.M.T.COLONY P.O., KALAMASSERY, ERNAKULAM. BY ADV. SRI.K.G.SARATHKUMAR SRI.S.RAJKUMAR RESPONDENTS: --------------- 1. SUB INSPECTOR OF POLICE, KALAMASSERY POLICE STATION, KALAMASSERY, ERNAKULAM. 2. SHYAM KUMAR, S/O.LATE SASI, MALAMEL HOUSE, THOPPIL, A.C.GEORGE LANE, EDAPPALLY P.O., ERNAKULAM. 3. KANNAPPAN, AGED ABOUT 51 YEARS, MALAMEL HOUSE, THOPPIL, A.C.GEORGE LANE, EDAPPALLY P.O., ERNAKULAM. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN ADV. SRI.C.ANILKUMAR (KALLESSERIL) FOR R2 & 3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.491 of 2009 ------------------------------------- Dated this the 8th day of December, 2009 JUDGMENT BASANT, J. This judgment must be read in continuation of our earlier orders resting with the order dated 01.12.2009. Today when the case is called, the petitioner and his wife are present. Their counsel is also present. The alleged detenue and the 2nd respondent are present. They are represented by their counsel. Though there was an earlier agreement and understanding that the alleged detenue shall today return with her parents and shall come back to the Court on 15.12.2009, we now find that such arrangement cannot be worked. Parties are not willing for such an arrangement. The alleged detenue is pregnant. She is already legally married to the 2nd respondent. Certificate of marriage No.22/2009 issued by the Marriage Officer, Thrikkakkara, has been produced to confirm that their marriage under the Special Marriage Act has been solemnised and registered on 22.06.2009. W.P(Crl.) No.491 of 2009 2 2. We are, in these circumstances, satisfied that the alleged detenue, an adult major educated married woman, who is pregnant also, aged 24 years (date of birth 29.04.1985), can be permitted to leave the Court along with the 2nd respondent. We are satisfied that she is not under any illegal confinement or detention. 3. In the result: This Writ Petition is dismissed. Th alleged detenue Ms.Ramya is permitted to leave the Court along with her husband, the 2nd respondent, as desired by her. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-