Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS TUESDAY, THE27H DAY OF MAY2014/6TH JYAISHTA, 1936 WP(Crl.).No. 198 of 2014 (S) ----------------------------- PETITIONER: -------------------------- RINTO THOMAS, AGED26YEARS, S/O.LEELAMMA JOSEPH, AREECHALIL HOUSE ANJOOTTIMANGALAM P.O, MELAMBARAKARA THALAPULAM VILLAGE , MEENACHIL TALUK KOTTAYAM DISTRICT BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENTS: ---------------------------- 1. CIRCLE INSPECTOR OF POLICE KOTTAYAM EAST POLICE STATION, KOTTAYAM2 THE SUB INSPECTOR OF POLICE AYARKUNNAM POLICE STATION, AYARKUNNAM P.O, KOTTAYAM3 THE SUB INSPECTOR OF POLICE THRIKKAKARA POLICE STATION, KAKKANAD P.O, ERNAKULAM4 THE CHILD WELFARE COMMITTEE KOTTAYAM DISTRICT, THIRUVANCHOOR P.O KOTTAYAM REPRESENTED BY ITS CHAIRPERSON5 THOMAS PANACKAPARAMBIL HOUSE, EDAPPADYP.O,MEENACHIL TALUK KOTTAYAM DISTRICT6 GRACY THOMAS, W/O.THOMAS, PANACKAPARAMBIL HOUSE, EDAPPADY P.O MEENACHIL TALUK, KOTTAYAM DISTRICT ADDL.R7: THE SUB INSPECTOR OF POLICE, PALA (IMPLEADED AS PER ORDER
DT.21.5.2014 IN I.A.NO.6363/2014 IN W.P.(CRL) 198/2014) R BY STATE ATTORNEY, SRI.TOM JOSE FOR R1, 2, 3 & 7 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON2705-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 198 of 2014 (S) ----------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE C.I OF POLICE,VANITHA CELL, KOTTAYAM RESPONDENT(S)' EXHIBITS NIL --------------------------------------- //TRUE COPY// PA TO JUDGE ANTONY DOMINIC & ALEXANDER THOMAS, JJ.
--------------------------------- W.P.(Crl) No.198 OF2014--------------------------------- Dated this the 27th day of May, 2014
JUDGMENT
~~~~~~~~~~~ Petitioner is a bus conductor, who was working in a stage carriage by name 'Immanual' operating on the route Pathampuzha-Pala. It appears that in the course of his employment, he got acquainted with one Chippi Thomas, who is now aged 18, and whose parents are respondent Nos. 5 and 6. According to the petitioner, they decided to get married and live as husband and wife. It is stated that this was not to the liking of her parents and that therefore, the parents are keeping his fiancee in illegal confinement. With this allegation, he has filed this Writ Petition seeking a writ of habeas corpus to set the detenue at liberty.
2. Considering the nature of the substantiated allegations, this Court by order dated 21.5.2014 directed the 2nd respondent to get a statement of the detenue recorded. Accordingly, the 3rd respondent deputed a woman police constable and got a statement of the detenue W.P.(Crl) No.198/2014 2 recorded which was made available by the learned Government Pleader today. In her statement dated 23.5.2014, the detenue was confirmed her intimacy with the petitioner and that the same is not to the liking of her parents. The statement discloses that she is still desirous of joining the petitioner, but, at the same time, the detenue has confirmed that she is not illegally detained by her parents or anybody else.
3. The pre-requisite for entertaining a Writ Petition for issue of a writ of habeas corpus is that the alleged detenue should be shown to be in illegal detention. In so far as this case is concerned, the detenue's statement, the genuineness of which cannot be doubted, shows that she is not in any illegal detention. If that be so, this Court cannot entertain the Writ Petition. Therefore, this Writ Petition is dismissed. Sd/- ANTONY DOMINIC, JUDGE sd/- ALEXANDER THOMAS, JUDGE. Ps/27/5/2014