IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(Crl.).No. 21 of 2010(S) -------------------------- PETITIONER: --------------- A.IBRAHIM KUTTY, S/O. ABDUL KHADER KUNJU, JINCY HOUSE, THRIKOVILVATTOM VILLAGE, KANNANALLUR P.O., KOLLAM DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. VAHEED, S/O.ABDUL AZEEZ, VAHEED MANZIL, MUNDAIKKAL P.O., KOLLAM. 2. KADEEJA K.S., D/O.SUBAIDA BEEVI, KAITHAVARATH ARAKKAL, THOPPILKADAVU, PUNNATHALA, KOLLAM-12, NOW RESIDING AT MATHETHARA NAGAR, HOUSE NO.104, THIRUMULLAVARAM, KUREEPUZHA VILLAGE, KOLLAM. 3. SUBAIDA BEEVI, KAITHAVARATH ARAKKAL, THOPPILKADAVU, PUNNATHALA, KOLLAM-12. 4. SHAHIDA, KAITHAVARATH ARAKKAL, THOPPILKADAVU, PUNNATHALA, KOLLAM-12. 5. RAFI, S/O.SHARAFUDHIN, KAROTTAZHIKAM, KANNANALLUR P.O., KOLLAM. 6. A.A.SHARAFUDHEEN, SECRETARY, MAVULLY MUSLIM JAMA ATH, MULLANKADAKAM, KOLLAM. 7. MUHAMMED SALIM, MEHAR MANZIL, ANDAMUKKAM, MEMBER, ADMINISTRATION COMMITTEE, SALAFI MASJID, ANDAMUKKAM, KOLLAM. 8. A.P.ABDUL KHADER MOULAVI, KNM, MUJAHID CENTRE, KOZHIKODE-2. 9. THE SUPERINTENDENT OF POLICE, KOLLAM. R9 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(Crl).No. 21 of 2010 S - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2010 JUDGMENT Joseph, J. This writ petition is filed by the petitioner for a direction to respondents 2 to 5 and 7 to 9 to produce Anvar Sadath, son of the petitioner, before this Court and to release him in accordance with his free will. The complaint of the petitioner is that Anvar Sadath is being detained by respondents 2 to 5 and 7 to 9. 2. It is stated inter alia as follows. The second respondent has already married the first respondent and their marital relationship is even now exist. It is when the said marital relationship is existing that the second respondent wants the detenue to marry her and for that an application under the Special Marriage Act was filed. On realising that the second respondent is already married, the Marriage Officer refused to register the W.P.(Crl).No. 21 of 2010 2 marriage. Thereafter the detenue was taken away by respondents 2 to 5, 7 and 8 to unknown place and detained him against his will. 3. On instructions, the learned Government Pleader submits that the detenue is an Engineer, who is working abroad. We directed the learned Government Pleader to get information regarding the particulars and the date on which he allegedly went abroad. The learned Government Pleader now submits that the detenue left India on 9.1.2010 from Trivandrum International Airport. 4. In the light of the above submission, which we record, we do not see any reason to permit the petitioner to pursue this writ petition, which is accordingly dismissed. (K. M. JOSEPH) Judge (M.L. JOSEPH FRANCIS) Judge tm