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2024 Supreme(Online)(KER) 24761

HIGH COURT OF KERALA
SABAREESWARAN.R – Appellant
Versus
SUPERINTENDENT OF POLICE – Respondent


JUDGMENT

Devan Ramachandran, J.

The petitioner has stated in the pleadings that he is a neighbour of the alleged detenue; and that she has been detained in a Government Home for Women by the respondents unfairly.

2. The petitioner, however, admits that the alleged detenue is a victim in a case registered under the provisions of the Protection Of Children from Sexual Offences Act [for brevity, ‘POCSO Act’], namely Crime No.459 of 2020 of the Meenakshipuram Police Station; and that it is for her safety and statutory protection, that she has been housed in the aforesaid Home.

3. The petitioner nevertheless contends that, since he is the only person who can take care of the alleged detenue and since he has no connection with the accused in the afore case, he is entitled to have her custody, because he intends to marry her soon.

4. Noticing the rather peculiar circumstances pleaded in the Writ Petition, we directed the Dy.S.P, Palakkad, to cause an enquiry against the petitioner, as also his antecedents and credentials; and the same were made available to us on 23.08.2024, when the alleged detenue was also produced before us. We interacted with her and she made it unequivocally clear that

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