IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 20TH FEBRUARY, 2008 / 1ST PHALGUNA, 1929 WP(Crl.).No. 51 of 2008 (S) ------------------------------- PETITIONER: ---------------- THOMAS P.G., AGED 32 YEARS, S/O.GEORGE, PARASSERY HOUSE, KUNDOOR, ALAMATTOM P.O. THRISSUR DISTRICT. BY ADV. SRI.A.C.DEVY RESPONDENTS: ------------------- 1. E.D.VARGHESE, ELAVATHINGAL HOUSE, KUNDOOR P.O., THRISSUR DISTRICT. 2. ROSILY, W/O.E.D.VARGHESE, ELAVATHINGAL HOUSE, KUNDOOR P.O., THRISSUR DISTRICT. 3. SUB INSPECTOR OF POLICE, MALA. 4. SUPERINTENDENT OF POLICE, THRISSUR. BY ADV. SMT.LIGEY ANTONY R3 & R4 BY GOVT. PLEADER SRI.C.M.KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. --------------------------------------------- W.P (Crl).No. 51 of 2008 --------------------------------------------- Dated this the 20th day of February, 2008 J U D G M E N T Mohanan,J: Alleging that Smt.Anu Filda, the fiancee of the petitioner is under illegal detention, the petitioner approached this Court by filing the above writ petition with a prayer to issue a writ of habeas corpus directing respondents 3 and 4 to produce Ms.Anu Filda, the daughter of respondents 1 and 2 before this Court and to set her at liberty forthwith enabling her and the petitioner to conduct their marriage as they have proposed. 2. The further allegation in the writ petition is that the said Anu Filda, who is the daughter of respondents 1 and 2 and who is now at the age of 20 years, is in love with the petitioner for more than one year and their affection and relation culminated into a decision for marriage. It is also stated that the said alleged detenue took initiative for the conduct of their marriage. It is also averred that on 7.1.2008, both the petitioner as well as the alleged detenue went to the Sub Registrar's Office, Annamanada, WP(Crl) NO.51 of 2008 :-2-: Thrissur District and got registered their names for issuing the notice of intended marriage as per the Special Marriage Act. A copy of the above notice dated 7.1.2008 is produced along with this writ petition. It is also averred in the writ petition that they have already decided to live as man and wife. According to the petitioner, the alleged detenue used to tell the petitioner that she is afraid of her father and relatives and also expressed her apprehension that she will be forcibly taken by her father who is working in Gulf Countries. It is the further case of the petitioner that both the petitioner and the alleged detenue will have to face the consequences as they apprehend that the father of the detenue and his associates openly declared that they will do away the petitioner. The apprehension of the petitioner is that she might have been intimidated by her parents and their fellow men and she might have been forcibly taken by paid gundas of her parents who are highly influential and immensely rich. Therefore, on the allegation that the petitioner's fiancee would be kept WP(Crl) NO.51 of 2008 :-3-: under illegal custody of respondents 1 and 2, the petitioner preferred this writ petition with the above prayer. 3. When the above case came up for consideration, this Court was of the opinion that it is necessary to get a report, after examining the alleged detenue by an Advocate Commissioner from this Court, before proceeding further in the matter. Thus, as per order dated 15.2.2008, we have appointed Ms.Ligey Antony as the Commissioner with a direction to visit and examine the alleged detenue and to submit a report before this Court. We have already directed the Commissioner that the examination shall be conducted in camera and nobody shall be present at the time of examination. The third respondent was also directed to render necessary assistance to the Advocate Commissioner. 4. In pursuance of the above order, the Advocate Commissioner after visiting the house of the first and second respondents with the assistance of the third WP(Crl) NO.51 of 2008 :-4-: respondent at 7.30 pm on 15.2.2008, had talked to Ms.Anu Filda in her bed room in the absence of any others and filed a report. In the report, the Commissioner stated that when she asked the detenue whether she is under any illegal confinement of her parents against her wish, she replied that she is not under any illegal confinement in her house. The alleged detenue had also admitted before the Commissioner that she was in love with the petitioner since November, 2007 and used to meet each other near her college during those days. The Commissioner has also reported that the alleged detenue had admitted that she executed Ext.P1 notice. The Commissioner further reported that after the issuance of Ext.P1, the alleged detenue came to know more about the petitioner from her neighbours and relatives and on the basis of such information and the details so received by her, she had decided to sever the connection with the petitioner. It is also stated by the Commissioner that she had also given a notice to the Sub Registrar's office, Annamanada where Ext.P1 is WP(Crl) NO.51 of 2008 :-5-: executed stating that she is withdrawing from Ext.P1 notice. The Commissioner concludes her report stating that the alleged detenue seems to be so happy with her parents and she is not under any illegal confinement. 5. In the light of the above stand of the alleged detenue as revealed by the report of the Commissioner, we hold that the said Anu Filda, the daughter of respondents 1 and 2, is not under illegal custody or confinement of anybody. Therefore, there is no scope for taking any further steps in this writ proceedings and hence the same is closed, accordingly. P.R.RAMAN, Judge V.K.MOHANAN, Judge Mbs/ WP(Crl) NO.51 of 2008 :-6-: P.R.RAMAN & V.K.MOHANAN, JJ. -------------------------------------------- O.P.NO. OF 2001 ------------------------------------ J U D G M E N T WP(Crl) NO.51 of 2008 :-7-: DATED: -2007 WP(Crl) NO.51 of 2008 :-8-: