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. THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943 WP(CRL.) NO. 224 OF 2021 PETITIONER/S: 1 AJITHKUMAR AGED 57 YEARS S/O. APPUKUTTAN, BINDU BHAVANAM, THEMBAMUTTAM, BALARAMAPURAM VILLAGE, BALARAMAPURAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695 501. 2 MEENA, AGED 52 YEARS W/O. AJITHKUMAR, RESIDING AT BINDU BHAVANAM, THEMBAMUTTAM, BALARAMAPURAM VILLAGE, BALARAMAPURAM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695 501. BY ADVS. V.S.BABU GIREESAN K.PREETHA JOHN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM 691 012. 3 THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM 695 004. 4 THE STATION HOUSE OFFICER, WP(Crl.) No. 224 of 2021 2
BALARAMAPURAM POLICE STATION, BALARAMAPURAM 695 501. 5 SUHAIL, AGED 26 YEARS S/O. SUDHEER, KOLLAMPARAMBIL VEEDU, PUNNAPRA VILLAGE, PUNNAPRA, ALAPPUZHA DISTRICT 688 004. 6 JYOTHIKA, AGED 18 YEARS D/O. AJITHKUMAR, FROM BINDU BHAVANAM, THEMBAMUTTAM, BALARAMAPURAM VILLAGE, BALARAMAPURAM NEYYATTINKARA TALUK, THIRUVANANTHAPURAM 695 501. NOW RESIDING AT KOLLAMPARAMBIL VEEDU, PUNNAPRA VILLAGE, PUNNAPRA, ALAPPUZHA DISTRICT 688 004.
OTHER PRESENT: R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.T.K.SHAJAHAN THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.) No. 224 of 2021 3
JUDGMENT
Ziyad Rahman A.A., J.
The petitioners, who are the parents of Ms. Jyothika, aged 18 years, have filed this Writ Petition seeking for issuance of a writ of habeas corpus directing respondents 1 to 4 to produce their daughter before this Court and set her at liberty from the illegal custody of the 5th respondent.
2. The case of the petitioners is that their
daughter, who is suffering from ‘dyscalculia’ which is a kind of learning disability, is missing since 18.9.2021. According to petitioners, on that day, she was sent to Thiruvananthapuram by bus to her parental home from Thrissur by the sister of the 2nd petitioner. As she did not reach Thiruvananthapuram and as the attempts made by the petitioners to contact her through phone did not materialize, they
informed the police about the same. Accordingly Ext.P1 F.I.R. was registered by the 4th WP(Crl.) No. 224 of 2021 4
respondent/Station House Officer under Section 57 of the Kerala Police Act. Later, it was revealed that the daughter of the petitioners who is arrayed as 6th respondent in the writ petition is in illegal custody of the 5th respondent, who, by exerting undue influence over her, had persuaded the alleged detenue to live along with him. Later, the 5th and 6th respondents were produced before the Judicial First Class Magistrate Court-III, Neyyattinkara where the alleged detenue made a statement expressing her willingness to go along with the 5th respondent. As the 6th respondent is a major, she was permitted to go along with the 5th respondent by the learned Magistrate. The petitioners submit that the alleged detenue is under treatment in Government Mental Health Centre, Thrissur for ‘dyscalculia’ and the 5th respondent exerted influence over her by making use of the said disability. According to the petitioners, the 5th respondent is keeping the 6th respondent under WP(Crl.) No. 224 of 2021 5 illegal detention and this Writ Petition is filed in such circumstances.
3. When the Writ Petition came up for admission
on 24.09.2021, we passed an order directing the production of the alleged detenue before the Secretary, District Legal Services Authority,
Alappuzha at 9.30 a.m. on 30.09.2021 so as to have an interaction with her through video conferencing.
4. In compliance of the said direction, today,
the alleged detenue appeared before the District Legal Services Authority, Alappuzha and we had an interaction with her through video conferencing. She asserts that she is not under any illegal detention and she left her parental house voluntarily, without any compulsion from any person. She stated that she is intending to live with the 5th respondent and it is
the decision consciously taken by her. We notice that, the alleged detenue is a major and there is no WP(Crl.) No. 224 of 2021 6 dispute on that. Through the interaction we had with her, we are convinced that she is capable of taking any decision on her own, despite the fact that she is reported to have been suffering from ‘dyscalculia’. We have no reason to find that, the decision taken by
her is under any compulsion or under any other circumstances which makes her decision invalid. Since she is a major, she has every right to take a decision on her own and she has already exercised her rights in this regard. We do not find any circumstances, warranting invocation of power under Article 226 of the Constitution of India. In such circumstances, we do not find any ground to entertain this writ petition and accordingly it is dismissed.
Sd/- Sd/- K.VINOD CHANDRAN ZIYAD RAHMAN A.A. JUDGE JUDGE pkk WP(Crl.) No. 224 of 2021 7 APPENDIX OF WP(CRL.) 224/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE F.I.R., Exhibit P2 TRUE COPY OF THE STATEMENT GIVEN BEFORE THE LEARNED MAGISTRATE IS EXTRACTED. Exhibit P3 TRUE COPY OF THE ORDER EXTRACTED. Exhibit P4 TRUE COPY OF THE TREATMENT REPORT ISSUED ON 17.12.2018. Exhibit P5 TRUE COPY OF THE ADMISSION CERTIFICATE . Exhibit P6 TRUE COPY OF THE RESULT. //True copy// Sd/- PS to Judge