Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 7TH DAY OF JANUARY 2022 / 17TH POUSHA, 1943 WP(CRL.) NO. 14 OF 2022 PETITIONER: JUSTIN JEES, AGED 27 YEARS S/O.JOSE, PALAYOOR P.O., ARIMBUR HOUSE, CHAVAKKAD, THRISSUR - 680 506. BY ADV S.LEKHA RESPONDENTS: 1 JOSE, CHEMMANNOOR HOUSE, MAMMIYOOR, GURUVAYOOR, THRISSUR - 680 101. 2 JANCY, W/O.JOSE, CHEMMANNOOR HOUSE, MAMMIYOOR, GURUVAYUR, THRISSUR - 680 101. 3 THE DISTRICT POLICE CHIEF POLICE DISTRICT QUARTERS, THRISSUR. 4 THE STATION HOUSE OFFICER GURUVAYUR TEMPLE POLICE STATION, GURUVAYUR, THRISSUR - 680 101. 5 CIRCLE INSPECTOR OF POLICE GURUVAYUR POLICE STATION, THRISSUR.
BY SRI.E.K.BINEESH, GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.[Crl.] No.14 of 2022 2 K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ. --------------------------------------------- W.P.[Crl.] No.14 of 2022 --------------------------------------------- Dated this the 7th January, 2022
JUDGMENT
Vinod Chandran, J.
The petitioner is before this Court seeking to get release of his fiancee, the daughter of respondents 1 & 2. It is alleged that his fiancee is pregnant and that the respondents 1 & 2 have kept their daughter in illegal custody as also attempting to get the pregnancy terminated. We directed the daughter of respondents 1 & 2 to be produced before us.
2. Today, the alleged detenue was produced before us and we interacted with her alone in our Chambers. The subject categorically tells us that she
wants to go with her parents and not with the petitioner. She admits to a relationship with the petitioner but as of now she has got over it, especially since she feels violated. She was also W.P.[Crl.] No.14 of 2022 3 apprehensive about the photos in the mobile phone of the petitioner and the threats levelled against herself and her family by the petitioner.
3. We instructed the Station House officer,
the 4th respondent, who accompanied the alleged detenue, to depute a policeman to get one of the mobile phones of the petitioner from his house. The petitioner has called up his father in our presence to instruct delivery of the mobile phone to the policeman deputed from the Guruvayur Temple Police Station. The mobile phone in the custody of the petitioner has also been handed over to the SHO in our presence. We directed the SHO to take the mobile phones to the Cyber Cell of the District and delete any photograph it has of the subject. If necessary, the petitioner shall accompany the policeman to the Cyber Cell. After deletion of the photograph the mobile phones shall be handed back to the petitioner.
4. We also directed the SHO, the
4th respondent, to act expeditiously on any complaint W.P.[Crl.] No.14 of 2022 4 of threat or other harassment as against the petitioner or the men acting under him. With the above directions, the writ petition stands closed, leaving the subject to go with her parents as decided by her. Sd/- K.VINOD CHANDRAN, JUDGE. Sd/- ZIYAD RAHMAN A.A., JUDGE. sp/07/01/2022 W.P.[Crl.] No.14 of 2022 5 APPENDIX OF WP(CRL.) 14/2022 PETITIONER'S EXHIBITS:- Exhibit P1 THE TRUE COPY OF THE COMPLAINT FILED BEFORE THE GURUVAYUR POLICE STATION DATED