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2022 Supreme(Online)(KER) 10652

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN &

THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943 WP(CRL.) NO. 31 OF 2022 PETITIONER:

EBYMON MATHEW, AGED 29 YEARS, S/O.MATHEW N.C., NIRAVATH HOUSE, EDAKADATHY P.O., ERUMELI, KOTTAYAM DISTRICT - 686 510.

BY ADVS.

K.S.ARUN KUMAR RAJEE P MATHEWS AMRUTHA K P AMRUTHA P S JUSTIN DAVID VIJAY SANKAR V.H.

RESPONDENTS:

1 STATION HOUSE OFFICER RANNI POLICE STATION - 689 672.

2 JOSEPH, AGED ABOUT 56 YEARS, NAMBIARMADATHIL HOUSE, MANDAMARUTHI P.O., RANNI, PATHANAMTHITTA DISTRICT - 689 676.

BY ADVOCATE GENERAL OFFICE KERALA OTHER PRESENT:

SRI.E.C.BINEESH - GOVERNMENT PLEADER THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON

21.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

K.VINOD CHANDRAN & C.JAYACHANDRAN, JJ.

---------------------------------------

W.P(Crl.)No. 31 of 2022 ---------------------------------------

Dated this the 21st day of January, 2022

Advocates:
['K S ARUN KUMAR', '', 'RAJEE P MATHEWS', 'AMRUTHA K P', 'AMRUTHA P S', 'JUSTIN DAVID', 'VIJAY SANKAR V H', 'PUBLIC PROSECUTOR', '', 'SHRI P NARAYANAN', 'ADDL PUBLIC PROSECUTOR', 'ADDL DIRECTOR GENERAL OF PROSECUTION']

JUDGMENT

Jayachandran, J.

The petitioner, who claims to have an affair with the alleged detenue for the past 7 years, seeks issuance of a writ of Habeas Corpus to produce the detenue before this Court, as also to set her at liberty, on the allegation that she has been illegally detained by her father/2nd respondent.

2. According to the petitioner, the detenue was giving tuition to students at Doha, Qatar, for the past four years and she is under the illegal custody of the 2nd respondent on and from the date of her return from Doha, that is, 23.12.2021.

3. As per Order dated 10.01.2022, a Division Bench of this Court directed the 1st respondent, SHO, to obtain the statement of the alleged detenue through a woman Police Officer, without the presence of 2nd respondent or any other family members. Such statement was recorded and produced before us, wherein the alleged detenue would state that she is not having any relationship with the petitioner for the past two years, that the petitioner is causing nuisance to the detenue by contacting her frequently over phone and that she is not under any illegal custody.

4. In the light of the above statement, we find no illegal detention, whatsoever, of the alleged detenue in the hands of the 2nd respondent/father.

We therefore, dismiss this writ petition as devoid of merits.

Sd/-

K.VINOD CHANDRAN JUDGE Sd/-

C.JAYACHANDRAN JUDGE

NR/21/01/2022

APPENDIX PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE S.H.O.RANNI DATED

05/01/2022.

Exhibit P2 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF PETITION BY RANNI POLICE 06/01/2022.

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