Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE13H DAY OF MARCH201422ND PHALGUNA, 1935 WP(Crl.).No.108 of 2014 (S) ------------------------- PETITIONER : ------------- BIJU.V., AGED33YEARS, S/O.VASUDEVAN, "BIJU MANDIRAM', PERAYAM UMAYANALLOOR P.O., KOLLAM DISTRICT, PRESENTLY RESIDING AT "SURESH BHAVAN", MOONNALAM, ADOOR P.O., PATHANAMTHITTA DISTRICT - 691 523. BY ADV. SRI.K.K.SETHUKUMAR RESPONDENTS/RESPONDENTS:-: --------------------------- 1. THE STATE POLICE CHIEF (LAW & ORDER
), POLICE HEADQUARTERS, THIRUVANANTHAPURAM, PIN - 695 001. 2.PATHANAMTHITTA, THE DISTRICT POLICE CHIEF, PATHANAMTHITTA P.O., PIN - 689 645.
3. THE CIRCLE INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT PIN - 689 645.
4. THE SUB INSPECTOR OF POLICE, ADOOR POLICE STATION, PATHANAMTHITTA DISTRICT PIN - 689 645.
5. MOHANDAS, AGED49YEARS, CHAITHANYA, (MALAYUDEVADAKKETHIL), ULAVUKKAD, NOORNADU P.O., ALAPPUZHA DISTRICT - 690 518.
6. RADHAMANI, AGED46YEARS, W/O.MOHANDAS, CHAITHANYA, (MALAYUDEVADAKKETHIL) ULAVUKKAD, NOORNADU P.O. ALAPPUZHA DISTRICT - 690 518. R1-R4 BY DIRECTOR GENERAL OF PROSECUTION SRI.ASAF ALI R5 & 6 BY ADV. SRI.R.SUNIL KUMAR R5 & 6 BY ADV. SMT.A.SALINI LAL THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON1303-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No.108 of 2014 (S) ------------------------ APPENDIX PETITIONER'S EXHIBITS :- ---------------------- EXHIBIT P1. TRUE COPY OF THE MARRIAGE CERTIFICATE DATED0303.2012 ISSUED BY THE SECRETARY OF THE TEMPLE. EXHIBIT P2. TRUE COPY OF THE ORDER
DATED1805.2013 OF THE HON'BLE FAMILY COURT, KOLLAM. EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED0703.2014 TO THE2D RESPONDENT SUBMITTED BY THE PETITIIONER. EXHIBIT P4. TRUE COPY OF THE RECEIPT DATED0703.2014 ISSUED BY THE2D RESPONDENT AGAINST RECEIPT OF EXT.P3. RESPONDENTS' EXHIBITS : NIL. ---------------------- True copy P.A. To Judge ANTONY DOMINIC & ANIL K.NARENDRAN, JJ.
-------------------------------------------------------------------- W.P.(Crl.)No.108 of 2014 -------------------------------------------------------------------- Dated this the 13th day of March, 2014 JUDGMENT
ANTONY DOMINIC, J.
Petitioner claims that, daughter of respondents 5 and 6, Dhanya Mohan is his legally wedded wife and that the marriage was solemnized on 03/03/2012. He relies on Ext.P1 certificate to substantiate this contention. According to the petitioner, on 06/03/2014 respondents 3 and 4 took him and his wife into custody and that from the Police Station, his wife was forcefully sent along with respondents 5 and 6. It is alleged that since then she is being illegally detained and with that allegation this Writ Petition has been filed with a prayer for issue of a writ of habeas corpus.
2. Instructions obtained by the learned Government Pleader from the 4th respondent show that on 06/03/2014 he received a telephonic intimation that the petitioner was carrying immoral activities from his house and that on W.P.(Crl.)No.108 of 2014 2 inspection it was found that he was residing with two ladies, who were found to be Dhanya Mohan and one Aneela. It is stated that he was taken to the Police Station and on coming to know that he is a wanted criminal in several cases, intimation was given to the other Police Stations. It is also stated that it was informed that a warrant was pending against the petitioner in C.C.No.81 of 2013 of the Judicial First Class Magistrate Court-II, Mavelikkara. Therefore, he was handed over to the Nooranad Police and that thereafter respondents 5 and 6, the parents came to the Police Station and the alleged detenue left with them. The above facts show that this case does not involve any illegal detention as claimed by the petitioner. We have also serious doubts about the theory of marriage claimed by the petitioner. It is seen that in 2012 W.P.(Crl.)No.583 of 2012 was filed by the 6th respondent alleging that the detenue herein was being illegally detained by the petitioner, who was the 4th respondent in that Writ Petition. On the orders of this Court she was traced out and produced before this Court. W.P.(Crl.)No.108 of 2014 3 Thereupon, after interaction with her this Court by judgment dated 17/12/2012 left the detenue in the custody of her mother. If as now claimed by the petitioner, she was his legally married wife and that the marriage had taken place on 03/03/2012 as claimed, nothing prevented the petitioner from reporting that fact before this Court on 17/12/2012 when the judgment was rendered. He did not do so, which means that at least prima facie, Ext.P1 certificate is also not worthy of acting upon. In such circumstances, we are not satisfied not only with the case of illegal detention pleaded by the petitioner but also about the bonafide of the Writ Petition. The Writ Petition is therefore dismissed. ANTONY DOMINIC, JUDGE ANIL K.NARENDRAN, JUDGE skj True copy P.A. To Judge