Kerala High Court
WP(Crl.)/536/2021 of MIDHUNLAL C. Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 W.P.(CRL.)NO.536 OF 2021 PETITIONER: MIDHUNLAL C., AGED 28 YEARS, S/O. KUMARAN, CHEENIKKAL (H), KURUPPUMPADI
IN THE HIGH COURT OF KERALA AT ERNAKULAMPRESENT
THE HONOURABLE MR.JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
W.P.(CRL.)NO.536 OF 2021
PETITIONER:
MIDHUNLAL C.,AGED 28 YEARS,S/O. KUMARAN, CHEENIKKAL (H), KURUPPUMPADI VIA, CHAPPANANGADI P.O., MALAPPURAM DISTRICT - 676 503
BY ADVS.LINDONS C.DAVISE.U.DHANYAV.N.HARIDASSWATHY A.P.
RESPONDENTS:
1STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2DISTRICT POLICE CHIEF,MALAPPURAM, UP HILL, MALAPPURAM - 676 5053STATION HOUSE OFFICER,POLICE STATION, KOTTAKKAL, KADAMAMPUZHA ROAD, KOTTAKKAL, MALAPPURAM DISTRICT-676 5034STATION HOUSE OFFICER,POLICE STATION, MALAPPURAM, UP HILL, MALAPPURAM-676 505
5SAITHALAVI,AGED 50 YEARS,MULANJIPULAN HOUSE, INDANOOR P.O., KOTTAKKAL, MALAPPURAM DISTRICT - 676 503
6NASRIYA,AGED 38 YEARSW/O. SAITHALAVI, MULANJIPULAN HOUSE, INDANOOR P.O., KOTTAKKAL, MALAPPURAM DISTRICT - 676 503
OTHER PRESENT:
SMT. VINEETHA B.- SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FORADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING:
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JUDGMENT
Anil K. Narendran, J.
The petitioner has filed this writ petition under Article226 of the Constitution of India, seeking a writ of habeascorpus commanding the respondents to produce the body ofthe alleged detenue, who is the daughter of respondents 5and 6 before this Court and set her at liberty. In the writpetition it is alleged that, she is under the illegal detentionof respondents 5 and 6 and their relatives.
2. On 28.12.2021, when this writ petition came upfor admission, the learned Government Pleader was directedto get instructions on Ext.P1 complaint filed by thepetitioner before the 2[nd] respondent District Police Chief,Malappuram.
3. Heard the learned counsel for the petitioner andalso the learned Government Pleader for respondents 1 to 4.
4. Today, when this matter is taken up forconsideration, the learned Government Pleader has madeavailable for the perusal of this Court, the report of the 4[th]respondent Station House Officer, Malappuram along with W.P.(CRL.) NO.536 OF 2021
the statement of the alleged detenue recorded by a womanpolice officer. The statements of respondents 5 and 6, theparents of the alleged detenue, are also enclosed along withthat report.
5. As per the statement given by the allegeddetenue, she is not under illegal detention of respondents 5and 6 or anyone else. Her marriage has been fixed with herfull consent.
In view of the aforesaid statement made by the alleged detenue, we find that the petitioner is not entitled to thereliefs sought for in this writ petition and the same isaccordingly dismissed. No order as to costs.
Sd/-
ANIL K. NARENDRAN,JUDGE
Sd/- C. JAYACHANDRAN,JUDGE
APPENDIX OF W.P.(CRL.)NO.536 OF 2021
PETITIONER'S EXHIBITS:
Exhibit P1A COPY OF THE COMPLAINT SUBMITTED BYTHE PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P2
A COPY OF THE RECEIPT DATED 27.12.2021 ISSUED FROM THE OFFICE OFTHE 2ND RESPONDENT TOWARDS THE COMPLAINT OF PETITIONER