SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 29186

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Soumen Sen, CJ, Syam Kumar V.M., J
KHALEEL.T.M – Appellant
Versus
THE DISTRICT POLICE CHIEF – Respondent
WP(CRL.) NO. 708 OF 2026



Advocates:
For the Appellants/Petitioners: K.VIDYASAGAR
For the Respondents: SAJITH KUMAR V.,JESNEY C.,AJIN DEV S.S.,PRAKASH CHANDANA

Habeas corpus not issued when alleged detenue resides with parents voluntarily.

Headnote:The petition invokes Sections 226 and 482 of the Code of Criminal Procedure seeking issuance of a writ of habeas corpus. The petitioner alleges that the alleged detenue was unlawfully detained by respondents 3 and 4. Upon enquiry, the court recorded that the alleged detenue was residing with her parents of her own volition. The court found that there was no detention against the will or volition of the alleged detenue. The petition is disposed of without issuing the writ. The primary issue is whether the alleged detenue was unlawfully detained. The court reasoned that since the alleged detenue herself stated that she was staying with her parents voluntarily, there was no basis for issuing a writ of habeas corpus. The court observed that the statement of the alleged detenue negated any claim of detention. The petition is disposed of.

Table of Content
1. no detention against volition, writ not issued. (Para 1 , 2 , 3)

Dated this the 18th day of May, 2026 Syam Kumar V. M., J.

Heard Mr. K. Vidyasagar, learned counsel for the petitioner, Mr. V. Sajith Kumar, learned counsel for respondent Nos. 3 and 4, and Mr. K. A. Anas, learned Public Prosecutor.

2. The SHO has produced the daughter of respondent Nos. 3 and 4 who is the alleged detenue. In the order dated 5th May 2026, based on the enquiry made, it had been recorded that the alleged detenue is not under detention and is residing with her parents, viz., respondent Nos. 3 and 4, of her own volition. We interacted with the alleged detenue, and she, in unequivocal terms, stated that she would like to go with her parents, i.e. respondent Nos. 3 and 4, and that the petitioner is only a friend of hers. She denied that she had been detained by her parents.

3. In view of the above statement made by the detenue, there is nothing to show that there has been a detention of the detenue by respondent Nos. 3 and 4 against her will or volition.

We see no cause or reason to issue a writ of habeas corpus.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top