IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(Crl.).No. 345 of 2011(S) --------------------------------- PETITIONER(S): ------------------- MANOJ.T.KARTHIKEYAN, S/O.MANI MENON, AGED 29 YEARS, ELANGARUVATTATHU MADAM, MADAYIKONAM, IRINJALAKUDA. BY ADV. SMT.A.P.LALY @ LALY VINCENT RESPONDENT(S): -------------------- 1. GIRIDHAR.L.LAKHANI, PLOT NO.104, IST FLOOR, 4TH CROSS ROAD, KUMARA PARK, POST, BANGALORE - 560 001. 2. VIKKILAKHANI, S/O.GIRIDHAR L.LAKHANI, IST FLOOR, 4TH CROSS ROAD, KUMARA PARK, POST, BANGALORE - 560 001. 3. THE SUB INSPECTOR OF POLICE, KUTTIPURAM POLICE STATION, KUTTIPURAM - 680 001. R3 BY GOVT. PLEADER SRI. C.M.KAMAPPU THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(CR). NO. 345/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN M.C.1056/2011 IN FAMILY COURT, BANGALORE. P2: COPY OF THE MARRIAGE CERTIFICATE OF MARRIAGE. P3: COPY OF THE SCAN REPORT FROM ANUGRAHA NURSING HOME DATED 02/04/2011. P4: COPY OF THE RESULT OF SONOGRAPHY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOTTATHIL B. RADHAKRISHNAN & N.K.BALAKRISHNAN, JJ. ---------------------------------------------------- W.P.(Crl.)No.345 of 2011 ---------------------------------------------------- Dated this the 20th day of July, 2011 Judgment Thottathil B.Radhakrishnan, J. Petitioner alleges that the person named in the third paragraph of this writ petition is in the illegal detention of respondents 1 and 2 who are in Bangalore. He also apprehends that the alleged detenu would have been persuaded to marry another person in Bombay. The manner in which the Kerala High Court is attempted to be shown as having jurisdiction is by pleading that the third respondent, the S.I. of Police, Kuttippuram Police Station had allegedly mediated and persuaded the lady, some time in mid-April 2011, to go with her brother and uncle from Kuttippuram. This is what we see as part of paragraph 8 of this writ petition in which it is said that the alleged detenue wrote a statement before the third respondent, the S.I. of Police that she is leaving with her brother and uncle to Bangalore and she came to the petitioner with her free will and decision. Such statement would have saved the situation for the petitioner from any criminal WP(Crl.) No.345/11 - 2 - case at that point of time. Obviously, it also reflects that the said lady went with her brother and uncle to Bangalore. This event was in mid-April, 2011. With this we do not find any part of cause of action arising within the territory of the State of Kerala to sustain this writ petition in this court. Hence, without expressing anything on the merits of the other aspects and without prejudice to the petitioner seeking relief, if any, from appropriate jurisdiction, in accordance with law, this writ petition is dismissed in limine. THOTTATHIL B.RADHAKRISHNAN, JUDGE. N.K.BALAKRISHNAN, JUDGE. srd WP(Crl.) No.345/11 - 3 - WP(Crl.) No.345/11 - 4 -