Kerala High Court
WP(Crl.)/495/2017 of SAINULABUDEEN Vs STATE OF KERALA on 29 December 2017
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE ASHOK MENON FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939 WP(Crl.).No. 495 of 2017 (S) ----------------------------- PETITIONER(S): ------------- SAINULABUDEEN AGED 58 YEARS,
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE &THE HONOURABLE MR. JUSTICE ASHOK MENON
FRIDAY, THE 29TH DAY OF DECEMBER 2017/8TH POUSHA, 1939
WP(Crl.).No. 495 of 2017 (S) ----------------------------- PETITIONER(S):------------- SAINULABUDEEN AGED 58 YEARS, S/O. MUSALIAR LABBA, RESIDING AT MALIKA VEEDU, CHARALA, ERUMELI P.O, KOTTAYAM DISTRICT
BY ADV. SRI.R.NIKHIL
RESPONDENT(S):
-------------- 1. STATE OF KERALA REPRESENTED BY THE HOME SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, THIRUVANANTHAPURAM DISTRICT 695 001
2. THE DEPUTY SUPERINTENDENT OF POLICE KANJIRAPALLY, KANJIRAPALLY, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, KANJIRAPALLY, KOTTAYAM DISTRICT - 686 507 KANJIRAPALLY, KOTTAYAM DISTRICT - 686 507
3. THE CIRCLE INSPECTOR OF POLICE
MANIMALA CIRCLE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE MANIMALA CIRCLE, MANIMALA, KOTTAYAM DISTRICT - 686 543 OFFICE OF THE CIRCLE INSPECTOR OF POLICE MANIMALA CIRCLE, MANIMALA, KOTTAYAM DISTRICT - 686 543
4. THE STATION HOUSE OFFICER
ERUMELY POLICE STATION, ERUMELY, KOTTAYAM DISTRICT - 686 509 ERUMELY, KOTTAYAM DISTRICT - 686 509
5. SANJU C. ASSISE,
AGED 20 YEARS, S/O. ASSISE,
RESIDING AT 395B CHARUPURAYIDAM,NERCHAPARA, ERUMELY, KOTTAYAM DISTRICT - 686 509 CHARUPURAYIDAM,NERCHAPARA, ERUMELY, KOTTAYAM DISTRICT - 686 509
6. BEENA ASSISE
AGED 46 YEARS, W/O. ASSISE, RESIDING AT 395B, CHARUPURAYIDAM, NERCHAPARA, ERUMELY, KOTTAYAM DISTRICT - 686 509 RESIDING AT 395B, CHARUPURAYIDAM, NERCHAPARA, ERUMELY, KOTTAYAM DISTRICT - 686 509
R6 BY ADV. SRI.PHILIP T.VARGHESE R6 BY ADV. SRI.THOMAS T.VARGHESE R6 BY ADV. SMT.ACHU SUBHA ABRAHAM R6 BY ADV. SMT.V.T.LITHA R1 TO R4 BY SRI.P.U.PRAMOD, GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON29-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(Crl.).No. 495 of 2017 (S)
-----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1 COPY OF THE COMPLAINT SUBMITTED BEFORE THE 4THRESPONDENT
RESPONDENT(S)' EXHIBITS----------------------- NIL
/TRUE COPY/
dkr
PA TO JUDGE
A.M.SHAFFIQUE & ASHOK MENON, JJ.
------------------------------------------- WP(Crl.) No.495 of 2017
------------------------------------------- Dated this the 29[th] day of December, 2017
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J U D G M E N T
A.M.Shaffique, J.
The petitioner is the father of the detenue 'FarhanaSainudheen @ Ayshu'. The detenue is aged 19 years. It is statedthat she is missing since 15.12.2017. She was studying for B.Com(4[th] Semester) in CMS College, Kottayam. It is alleged that she wasbeing illegally detained by respondent Nos.5 and 6.
2. The detenue is produced before this Court and weinteracted with her. According to her, she is having an affair withthe fifth respondent and she would like to marry him. Though wepermitted the detenue to interact with her parents, nothing fruitfulhas come out. The parents of the detenue are not willing to giveher in marriage to the fifth respondent on account of various socialproblems, which according to them prevent them from agreeing forsuch a marriage.
3. Learned counsel for respondent Nos.5 and 6 wouldsubmit that the fifth respondent is now aged only 20 years and hewill attain 21 years of age on 24.1.2018, and his parents havedecided to arrange the marriage between the detenue and the fifthrespondent, thereafter.
4. Insofar as the fifth respondent has not attained the ageof marriage, it is not proper for the detenue to reside at hisresidence or in the house of his relatives. Since, she is studying forB.Com in CMS College, Kottayam and that she is staying at YWCAHostel at Kottayam, it is appropriate that she remains in that Hosteluntil the marriage is contracted between the couple. In theaforesaid circumstances, this writ petition is disposed of as under:
Insofar as the fifth respondent has not attained the age
(i) The detenue shall be housed at YWCA Hostel, Kottayam fromtoday onwards. The Police shall make necessaryarrangements for the same. All expenses relating to her stayshall be met by respondent Nos.5 and 6. today onwards. The Police shall make necessaryarrangements for the same. All expenses relating to her stayshall be met by respondent Nos.5 and 6.
WP(Crl.)495/17
(ii) She shall be released from the Hostel only after 24.1.2018,and after the marriage is contracted, it shall be open to herto take a decision of her own. and after the marriage is contracted, it shall be open to herto take a decision of her own.
(iii) During her stay at the Hostel, her parents if they areinterested shall be permitted to visit her. interested shall be permitted to visit her.
Learned Government Pleader submits that a man missing casehas been registered as Crime No.1598/2017 at Erumeli PoliceStation. Since the detenue has already been produced before thisCourt, the Police shall file a report before the learned Magistrateconcerned that the detenue had already been produced before thisCourt and there is no necessity to proceed with the case further andthe said case can be closed.
A .M.SHAFFIQUE
JUDGE
jg
ASHOK MENON JUDGE