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2026 Supreme(Online)(Ker) 22168

IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, K. V. JAYAKUMAR, JJ
SHIJU P – Appellant
Versus
1 SHO- PATTAMBI POLICE STATION – Respondent
WP(CRL.) NO. 515 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.SREEHARI E., SHRI.FAHAD HUSSAIN, SHRI.SYAMJITH S. P.
For the Respondents: SHRI.SANTHEEP ANKARATH, SHRI.P.ANIRUDHAN

The Court emphasizes the fundamental rights to personal liberty and autonomy in the context of alleged illegal confinement, directing that the detenu must be allowed to pursue her education and career freely.

Headnote:This judgment addresses the petitioner's request for a writ of habeas corpus due to alleged unlawful confinement of his romantic partner by her parents. The Court found that the detenu is not under any form of illegal confinement but emphasized the necessity for her autonomy and educational aspirations. The Court directed the respondents to ensure she pursues her career freely and without restrictions. The final order disposed of the petition.

Table of Content
1. petitioner alleges unlawful confinement. (Para 1)
2. detenu states she is not illegally confined. (Para 2)
3. court emphasizes detenu's autonomy and education. (Para 3)

Raja Vijayaraghavan V, J.

The petitioner states that he is in a romantic relationship with the detenu, who is the daughter of respondent Nos. 3 and 4. It is further contended that the parties were planning to solemnize their marriage. According to the petitioner, upon respondent Nos. 3 and 4, becoming aware of the said relationship, the detenu was unlawfully confined. The petitioner submits that, despite his attempts to contact her, he was unable to establish any communication. In the aforesaid circumstances, he is stated to have lodged a complaint before the police, a copy of which is produced as Ext. P1. It is on these assertions that this Writ Petition is filed seeking, inter alia, the following reliefs:

1. Issue a writ of habeas corpus, mandamus, or any other appropriate writ, order, or direction directing the 3rd and 4th respondents to immediately release (aged 21 years) from illegal and forcible confinement and allow her to reside freely with the petitioner or in a place of her choice;

2. Direct the respondents to ensure that the detainee is not subjected to any mental, emotional, or physical harassment, and that her personal liberty, autonomy, and fundamental rights under Article 21 of the Constitution of India are protected;

3. Direct the 1st and 2nd respondents to investigate the illegal detention of the detainee, ensure her immediate safety, and take necessary action against any obstruction or interference caused by the 3rd and 4th respondents in this regard;

2. Pursuant to the directions issued by this Court, the detenu, along with the petitioner, appeared before us. The parents of the detenu were also present. Upon interaction, the detenu stated that she has completed her Degree in Physics and intends to pursue her Post-graduation. She further submitted that she is presently exploring employment opportunities. Significantly, she categorically stated that she is not under any form of illegal confinement.

3. In view of the categorical statement made by the detenu that she is not under illegal confinement, no further adjudication is called for in the present matter. However, having regard to her stated aspirations and autonomy, we deem it appropriate to direct respondent Nos. 3 and 4 to ensure that she is permitted to pursue her education and career in the manner she chooses, without any undue restriction on her personal liberty or freedom.

With these directions, this Writ Petition (Crl.) is disposed of.

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