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C.K.Sasidharan

High Court Of Kerala|24 October, 2014
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JUDGMENT / ORDER

Mohanan,J:
The petitioner, who is the father of one Deepthi, who is already given in marriage to one P.C.Rajesh Kumar, preferred this writ petition (Crl) under Article 226 of the Constitution of India alleging that the said Deepthi is under the illegal custody of fourth respondent and therefore, it is prayed for the issuance of a writ of habeas corpus directing the third respondent to produce the detenue from the illegal custody of the fourth respondent and to ensure her freedom, health and other welfare.
2. When the above writ petition came up for admission, this Court admitted the same and issued a direction, directing the fourth respondent to appear before this Court on 9.10.2014 and directed the third respondent to ensure the appearance of the fourth respondent as well as the daughter of the petitioner/the detenue Smt.Deepthi. Subsequently, by order dated 9.10.2014, this Court directed respondents 1 to 3 to trace out the said detenue.
3. When the case is taken today, the learned Government Pleader submitted that the Sub Inspector of Police, Mavelikkara Police Station, who is present today, instructed her that the detenue contacted the said Sub Inspector through internet and she informed him that she is at Yaman. The counsel for the petitioner also submitted that the said detenue, who is the daughter of the petitioner, contacted her mother (petitioner's wife) over phone and apprised that she is at Yaman. We have interacted with the Sub Inspector of Police, Mavelikkara Police Station, who is the third respondent and he submitted before us that the said detenue Deepthi contacted him through internet whereby he is convinced that the detenue is at Yaman and she is employed there as Nurse. The S.I. also stated before us that the detenue assured him that she will send the further details about her whereabouts as well as her employment through internet. If that be so, we are satisfied that the daughter of the petitioner is not under the illegal custody of anybody including the fourth respondent herein. The fact that the detenue, the daughter of the petitioner is at Yaman, is also admitted by the petitioner as well as the third respondent, and as the detenue is not under the illegal custody of anybody, we find no reason for interference in this writ petition (Crl.) proceedings.
In the result, this Writ Petition (Crl.) is closed.
Sd/-
V.K.MOHANAN, Judge sd/-
K.HARILAL, Judge MBS/ -true copy-
P.S.to Judge.
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Title

C.K.Sasidharan

Court

High Court Of Kerala

JudgmentDate
24 October, 2014
Judges
  • V K Mohanan
  • K Harilal
Advocates
  • V B Premachandran Sri
  • K N Govindankutty
  • Menon