SATYAN T vs THE DISTRICT POLICE CHIEF - 2022 Supreme(Online)(KER) 31257

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(KER) 31257

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 19TH DAY OF JANUARY 2022 / 29TH POUSHA, 1943 WP(CRL.) NO. 46 OF 2022 PETITIONER:
SATYAN T, AGED 49 YEARS, S/O. VELAYUDHAN, THALIYIL HOUSE, KAKKAVAYAL P.O., PAKKIYANI KUNNU, MALAKKAD, WAYANAD DISTRICT-673122.
BY ADV ANIL KUMAR K.P.
RESPONDENTS:
1 THE DISTRICT POLICE CHIEF, DISTRICT POLICE CHIEF OFFICE, KALPETTA NORTH, WAYANAD-673122. 2 THE INSPECTOR OF POLICE, KALPETTA, WAYANAD-673122.
3 THE SUB INSPECTOR OF POLICE, KALPETTA, WAYANAD-673122.
4 AFTHASH B., S/O.ASHRAF B., VALIYAVEETTIL HOUSE, RAHMAN BAZAR, KOLATHARA P.O., KOZHIKODE DISTRICT-673655.
BY ADVS.
SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR DIRECTOR GENERAL OF PROSECUTION OTHER PRESENT:
SRI.E.C.BINEESH - GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
19.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.
---------------------------------------
W.P(Crl.)No. 46 of 2022 ---------------------------------------
Dated this the 19th day of January, 2022

Advocates:
['ANIL KUMAR K P', 'SHRI P NARAYANAN', 'ADDL PUBLIC PROSECUTOR', '', 'DIRECTOR GENERAL OF PROSECUTION']

JUDGMENT

Jayachandran, J.

The petitioner, the father of the alleged detenue by name Akshaya, seeks issuance of a writ of Habeas Corpus, commanding respondents 1 and 2 Police officials to produce the detenue before this Court and to set her at liberty. The petitioner would allege that her daughter/detenue has an affair with the 4th respondent. The detenue was found missing from the shelter home at Kalpetta, where she was placed as per the instructions of the Police officials of Meenangadi Police Station. Upon being traced, the detenue was produced before the Judicial First Class Magistrate Court, Sultan Bathery. As per her statement, the learned Magistrate released her. The grievance of the petitioner is that he is not in a position to contact his daughter and the 4th respondent is not facilitating a meeting of the petitioner and his daughter. It is the further allegation of the petitioner that the alleged detenue is in the illegal custody of the 4th respondent.

2. As per Order dated 12.01.2022, a Division Bench of this Court, directed the detenue to be produced before the District Legal Services Authority, Kozhikode today at 9.30 a.m. Accordingly, the detenue was present and we interacted with her through video conferencing. The Secretary, District Legal Services Authority, Kozhikode, also interacted with the alleged detenue. The detenue informed us that she is presently residing along with her friend, by name Rose Mary, at Ottapalam and that she had completed her Diploma course in Cosmetology. The detenue is presently a Freelance Make-up Artist and Cosmetologist and she is getting orders for make-up in connection with marriages.

3. According to the detenue, her father is standing against her wishes and is likely to create problems, if her present place of residence is disclosed to him. As regards her relationship with the 4th respondent, the detenue's stand is that she had an affair with him; but he is merely a friend to her as of now.

4. The detenue is 22 years and she is entitled in law to pursue her desires/wishes in life. We hardly find any illegal detention of the detenue at the hands of the 4th respondent, in the absence of which, the relief sought for cannot be granted.

This writ petition is therefore dismissed.

K.VINOD CHANDRAN JUDGE

Click Here to Read the rest of this document