Kerala High Court
WP(Crl.)/454/2019 of FELIX GEORGE, Vs STATION HOUSE OFFICER, MANNANTHALA POLICE STATION, on 31 December 2019
HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE SMT. JUSTICE P.V.ASHA & THE HONOURABLE MRS. JUSTICE SHIRCY V. TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(Crl.).No.454 OF 2019 (CRIME NO.1949/2019 OF THE MANATHALA POLICE STATION) PETITIONER/S: FELIX GEORGE, AGED 49
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941
WP(Crl.).No.454 OF 2019
(CRIME NO.1949/2019 OF THE MANATHALA POLICE STATION)
PETITIONER/S:
FELIX GEORGE,AGED 49 YEARSS/O. GEORGE, T. C. 15/323(1), CSM NAGAR, SASTHAMANGALAM P. O., THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.JACOB E SIMON
RESPONDENT/S:
OTHER PRESENT:
SRI.SUNIL KUMAR KURIAKOSE,PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.ASHA, SHIRCY V., JJ.
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W.P(Crl).No.454 of 2019-S
------------------------------------------- Dated this the 31[st] day of December, 2019
Shircy V., J.
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JUDGMENT
This Writ Petition has been filed by one Felix George, the brother of oneJoseph George. Sri Joseph George is the father of the alleged detenue Anna MaryJoseph. It is stated in the petition that the alleged detenue has been in the illegalcustody of Sarath, the 3[rd] respondent from 21.12.2019 onwards. As per an orderdated 24.12.2019, the 3[rd] respondent was directed to produce the alleged detenuebefore this Court and the respondents 1 and 2 were also directed to ensure theproduction of the alleged detenue by the 3[rd] respondent, if she is in his custody.
2. Pursuant to the above order, the 1[st] respondent produced the allegeddetenue. The 3[rd] respondent is also present before the Court. We have interactedwith the alleged detenue, her parents, the 3[rd] respondent and the petitioner. We areconvinced that the alleged detenue is not in the illegal custody of the 3[rd]respondent. In fact, it was submitted by both sides that the alleged detenue is asecond year student of B.Sc Anaesthesia and O.T Technician in G.R Hospital,Coimbatore, Tamil Nadu. It is the desire of all the parties including the 3[rd]respondent to see that the course is completed by her in due time.
3. Ms.Anna Mary Joseph, the alleged detenue, submitted that she is in love with the 3[rd] respondent and her intention is to marry him after completing hercourse. So in order to facilitate completion of her course the petitioner as well asher parents agreed to send her back to the college and they also agreed that theywill not stand against her wishes. Ms.Anna Mary Joseph, the alleged detenue,expressed her willingness to go along with the petitioner for her vacation as hercollege will re-open only on 06.01.2020. Hence she is allowed to go along with thepetitioner and then proceed to Coimbatore to complete her studies.
4. The 3[rd] respondent also agreed not to interfere with her studies. Theparents of the alleged detenue have also agreed that they will do everything tofacilitate completion of her course. All the parties shall see that Ms.Anna MaryJoseph, the alleged detenue, will complete her studies without any interferencefrom any corner. The parents of Ms.Anna Mary Joseph also agreed that, they willnot stand against her wishes, in future also.
The Writ Petition (Crl.) is disposed of accordingly.
Sd/- (P.V.ASHA, JUDGE)
rtr/
Sd/- (SHIRCY V., JUDGE)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE FIR DATED 22.12.2019 INCRIME NO.1949 OF 2019 OF THE MANATHALAPOLICE STATION.