~~~~~~~~~~~ Petitioner is a bus conductor, who was working in a stage carriage by name 'Immanual' operating on the route Pathampuzha-Pala. It appears that in the course of his employment, he got acquainted with one Chippi Thomas, who is now aged 18, and whose parents are respondent Nos. 5 and 6. According to the petitioner, they decided to get married and live as husband and wife. It is stated that this was not to the liking of her parents and that therefore, the parents are keeping his fiancee in illegal confinement. With this allegation, he has filed this Writ Petition seeking a writ of habeas corpus to set the detenue at liberty. 2. Considering the nature of the substantiated allegations, this Court by order dated 21.5.2014 directed the 2nd respondent to get a statement of the detenue recorded. Accordingly, the 3rd respondent deputed a woman police constable and got a statement of the detenue W.P.(Crl) No.198/2014 2 recorded which was made available by the learned Government Pleader today. In her statement dated 23.5.2014, the detenue was confirmed her intimacy with the petitioner and that the same is not to the liking of her parents. The statement discloses that she is still desirous of joining the petitioner, but, at the same time, the detenue has confirmed that she is not illegally detained by her parents or anybody else.
3. The pre-requisite for entertaining a Writ Petition for issue of a writ of habeas corpus is that the alleged detenue should be shown to be in illegal detention. In so far as this case is concerned, the detenue's statement, the genuineness of which cannot be doubted, shows that she is not in any illegal detention. If that be so, this Court cannot entertain the Writ Petition. Therefore, this Writ Petition is dismissed. Sd/-
Ps/27/5/2014 ANTONY DOMINIC, JUDGE sd/- ALEXANDER THOMAS, JUDGE.