M. P. Menon, J.

1. This petition is filed under Article 226 of the Constitution of India for the issuance of a writ of habeas corpus directing respondents 2 to 4, "or such of them having the custody of Ratnaprabha", to have her body produced before court and for a direction that she be set at liberty from illegal custody. The petitioner is Krishna Raj aged 27, said to be assisting his father in the latter's hotel business (Royal Lunch Home) at Cannanore The first respondent is the State of Kerala. Respondents 2 and 3 are the Circle Inspector and Sub Inspector of Police, Trichur. The 4th respondent, Ratnakaran, is the father of the girl Ratnaprabha. He is also said to be a resident of Cannanore, though a Councillor of the Tellicherry Municipality, the President of the Jnanodaya Yogam at the same place, and also part-owner of the Prabha Talkies of Tellicherry.

2. The averments in the petition are the following:- The 4th respondent used to visit the Royal Lunch Home and a deep acquaintance developed between the families of the petitioner and the 4th respondent. The petitioner's car was being frequently used by the 4th respondent for the travels and tours of himself and his family. The frequent contacts resulted in the petitioner meeting Ratnaprabha, who was then a Pre-Degree student. The acquaintance developed into abiding affection and intimate love. The girl used to go about in the petitioner's car and on such occasions, photographs were being taken. The petitioner's mother and the mother of Ratnaprabha "were happy over a marriage alliance" between the boy and the girl. After the girl attained majority they married and the marriage was registered before the Executive Officer, Kuthuparamba Panchayat, on 17th January 1979. When the 4th respondent heard about this he was annoyed; and therefore the petitioner and his wife decided to live separately hoping that the misunderstanding would disappear in course of time. The petitioner's eldest brother was also about to be married. Krishnaraj and Ratnaprabha decided to wait till that was over. That marriage was celebrated on 19th April 1979. On 21st April 1979, well-wishers of both the families intervened and held talks to find out a happy solution, but the 4th respondent remained unhelpful. The petitioner and Ratnaprabha then decided to go to Guruvayoor Temple and pray for a happy married life. They accordingly went to Trichur on 22nd April 1979. They occupied room No. 5 of the Premier Lodge, Trichur and the petitioner's driver, Vijayan, occupied room No. 10. On the morning of the next day (23rd April 1979), at about 8 a.m., the 3rd respondent, Sub inspector of Police reached the room in Premier Lodge, accompanied by 8 Constables and the 4th respondent. The Sub Inspector wanted Krishna Raj and Prabha to proceed to the Police Station. Prabha had with her an international passport showing her date of birth. The marriage certificate was also there. Still, the Sub-Inspector took them to the Police Station. In the Station, the petitioner and Prabha answered all the questions. The documents were also shown. The Sub Inspector seemed to be satisfied that Prabha was a major and that the two had got married. By that time, however, the Circle Inspector came to the Station. He behaved "in a rough and unseemly way'' to the petitioner and his wife. The petitioner was threatened with bodily injury unless he was willing to obey the Circle Inspector. In the meanwhile, driver Vijayan brought Advocate Sri Subramoniyam to the Police Station and the latter tried to convince the Circle Inspector that there was no justification for detaining the petitioner or his wife. The Police Officer pretended to be convinced, and assured the Advocate that they would soon be released. But after the advocate left the Station with that assurance, the Circle Inspector changed his attitude, and started behaving in an extremely rough and cruel manner. He said that the girl would not be permitted to go with the petitioner