Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 29TH DAY OF JULY 2022 / 7TH SRAVANA, 1944 WP(CRL.) NO. 668 OF 2022 PETITIONER: SACHUMON, AGED 25 YEARS, S/O.BIJU, SALMAMANZIL, KUNNICODE P.O, PATHANAPURAM TALUK, KOLLAM DISTRICT, PIN - 691508. BY ADVS. NAHAS H. RIZWANA T.N RESPONDENTS: 1 PRIYA JAMES, AGED 45 YEARS, P.U.JAMES, RESIDING AT PARUTHIKATTU VAIPEL HOUSE, MEVALOOR (P.O), KOTTAYAM, PIN - 686609. 2 PRINCE JACOB, AGED 40 YEARS, S/O.JACOB, NADUTHUNDATHIL HOUSE, NEAR MANGALAM COLLEGE, EATTUMANOOR, KOATTYAM, PIN - 686631.
3 INSPECTOR OF POLICE, VELLORE CIRCLE, KOTTAYAM DISTRICT, PIN - 686609. 4 INSPECTOR OF POLICE, EATTUMANOOR CIRCLE, KOTTYAM DISTRICT, PIN - 686631. 5 DEPUTY SUPERINTENDENTOF POLICE (DYSP), KOTTAYAM, PIN - 686001. 6 INSPECTOR OF POLICE, KUNNICODE CIRCLE, KOLLAM DISTRCIT, PIN - 691508. *ADDL.7 THE DISTRICT POLICE CHIEF, KOTTAYAM W.P[Crl.] No.668 of 2022 2 *ADDL.8 THE DISTRICT POLICE CHIEF, KOZHIKODE *ADDL.9 BIJU, SALMA MANZIL, KUNNICODE P.O, PATHANAPURAM TALUK, KOLLAM. * ADDL.R7-R9 ARE IMPLEADED AS PER ORDER DATED 25.07.2022. BY ADVS. DIPU.R K.S.BAIJU DHANYA BABU NEETHU SASI SRI.E.C.BINEESH, GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 29.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P[Crl.] No.668 of 2022 3
K. VINOD CHANDRAN & C. JAYACHANDRAN, JJ. ---------------------------------------------- WP(Crl) No.668 of 2022 ---------------------------------------------- Dated this the 29th July, 2022
JUDGMENT
Vinod Chandran, J.
Read order dated 27.02.2022:
“We have received a statement as recorded by the Station House Officer. We had in fact peremptorily ordered a statement to be taken since there was a submission made on behalf of the learned Counsel for the petitioner that there was a suicide attempt. The statement of the detenue clearly indicates that there was absolutely no attempt to commit suicide. The learned Counsel for the petitioner submits that he was informed by the alleged detenue that there was a suicide attempt.
2. In any event, the statement also reveals
that the detenue has been placed in St.Joseph's Convent against her wish. In such circumstance, we are of the opinion that the 2nd respondent shall produce the alleged detenue before the Secretary, District Legal Services Authority (DLSA), Kottayam at 9.30 a.m. on 29.07.2022. The Police shall ensure production before the DLSA and provide escort to the detenue from Kozhikkode at the expense of the respondents 1 & 2. On production of the alleged detenue, the Secretary,
W.P[Crl.] No.668 of 2022 4
DLSA, Kottayam shall facilitate Video Conferencing, so as to enable us to interact with the alleged detenue at 10.15 a.m. The Secretary, DLSA, Kottayam shall interact with the subject. The petitioner shall also be present, who shall be permitted to interact with the subject, only with her consent. Post on 29.07.2022 at 10.15 a.m.”
2. Today, in compliance with our directions, the
detenue was produced before the Secretary, District Legal Services Authority [DLSA], Kottayam, who facilitated Video Conferencing. At 10.15 a.m, when the matter was taken up, we interacted with the detenue. We were informed that she desires to go along with the petitioner. The detenue also complained of illegal detention by her relatives including her mother and the uncle, respondents 1 & 2. According to her, though there was no attempt to suicide, she had consumed a cleaning liquid, which did not require hospitalization. She categorically complained of her free movement having been restricted and all her personal effects including the mobile phone and Passport having been taken away by her relatives. We directed the entire personal effects to be handed back to the detenue. W.P[Crl.] No.668 of 2022 5
3. While handing over the personal effects of the
detenue to her, the 1st respondent brought the brother of the detenue into the digital platform. She requested us to direct the detenue to take the brother also, who is mentally ill. It was informed to us that he is under depression because of the conduct of his sister. The sister was willing to take the brother, but the boy refused to go with her. In any event, we cannot issue any such direction.
4. At this juncture, the detenue asked us as to
what she could do if she eventually finds her decision wrong. We categorically expressed our helplessness and informed her that she will have to take the consequences of her decision. We tried to persuade her to go with her mother and also assured her that the writ petition will be kept pending, so that she can introspect on what she wants to do and come back after two weeks. But she refused point blank. We then informed her that we could arrange a safe accommodation for her, a women's hostel, where she will have no contact with her relatives and she could think about her decision before taking the almost W.P[Crl.] No.668 of 2022 6 irreversible step to go along with the petitioner. However, she refused to be shifted to a women's hostel also. In that circumstances, we adjourned the matter till 12 O'Clock We directed the Secretary, DLSA, Kottayam to enable further deliberation of the detenue with her own relatives.
5. At 12 O'Clock we again took up the matter and
we found the detenue very firm in her resolve to proceed with the petitioner. The learned Counsel for the respondents then brought to our notice that the petitioner is accused in a crime, wherein the offence is of rape. The detenue is informed of the same and despite that she wants to pursue her life with the petitioner. We again tried to apprise her the pros and cons of her decision, but she stuck to her decision to go with the petitioner. Learned counsel for the petitioner informed us that there is a gathering outside the Office of the DLSA, Kottayam and there were people gathered in about 15 vehicles. We hence directed the Secretary, DLSA, Kottayam to call up the SHO having jurisdiction over the area and ensure that the detenue, along with the petitioner, is W.P[Crl.] No.668 of 2022 7 provided safe transportation to the house of the petitioner at Kollam. The petitioner's Counsel undertook that the entire expenses will be borne by the petitioner. In the result, there is no need to keep the writ petition pending and we allow the same with the above directions. Sd/- K.VINOD CHANDRAN, JUDGE Sd/- C.JAYACHANDRAN, JUDGE sp/29/07/2022 W.P[Crl.] No.668 of 2022 8 APPENDIX PETITIONER'S EXHIBITS:- EXHIBITP1 TRUE COPY OF FLIGHT TICKET OF THE PETITIONER EXHIBITP2 TRUE COPY OF FLIGHT TICKET OF MISS JISNY JAMES EXHIBITP3 TRUE COPY OF COMPLAINT FILED BEFORE THE 6TH RESPONDENT EXHIBITP4 TRUE COPY OF THE COMPLAINT FILED BEFORE THE 3RD RESPONDENT
EXHIBITP5 TRUE COPY OF THE POSTAL RECEIPT EXHIBITP6 TRUE COPY OF ADHAR CARD OF THE PETITIONER EXHIBITP7 TRUE COPY OF THE PASSPORT OF MISS JISNY JAMES