K.Vinod Chandran, J. The petitioner is the father, of the detenue who is admittedly a major and is doing her 1st year B.Com Degree course. She was alleged to have been taken away from the parental home by respondents 4 to 6 for reason of her having had a relationship with the 5th respondent.
2. We directed the detenue to be produced and the respondents 4 and 5 have produced the daughter of the petitioner before this Court. We have talked to the alleged detenue, the petitioner, who is the father, as also the 5th respondent. Admittedly the 5th respondent is only 19 years of age; and not of marriageable age and, hence, there can be no marriage between the alleged detenue and the 5th respondent. Though the alleged detenue confirms that she had gone on her own will, she agrees to go with her parents. In such circumstance, taking into consideration the WP(Crl.).No.167 of 2014-S - 2 -
above facts, we are of the opinion that the alleged detenue, produced before us by the respondents 4 and 5, shall at present be left to her will and sent with her parents.
3. The Writ Petition (Criminal) stands allowed. No costs.
Sd/- K.Vinod Chandran, Judge.
Sd/- A.Muhamed Mustaque, Judge.
4. After the alleged detenue was allowed to go with her parents, it is submitted before us by the learned counsel appearing for the petitioner that they were waylaid by some miscreants, inside the premises of the High Court itself and they they are unable to proceed further. The Station House Officer of Paravoor Police Station, who has produced the detenue, has assured us that the miscreants have been removed and that the miscreants were persons who have accompanied the 5th respondent, in the writ petition. The Station House Officer is directed to ensure that the WP(Crl.).No.167 of 2014-S - 3 -
petitioner along with his wife and daughter are safely transported to their residence. The Station House Officer shall also file a report regarding the incident before this Court and also point out any identifiable person among the miscreants who had waylaid the petitioner and his daughter.
Post the case for report of the Station House Officer on 06.05.2014.
Sd/-
K.Vinod Chandran, Judge.
Sd/- A.Muhamed Mustaque, Judge.
vku/-
( true copy )