Kerala High Court
Gopalakrishnan Nair vs Sub Inspector Of Police on 19 December, 2012
Author: Pius C.Kuriakose
Bench: Pius C.Kuriakose, Babu Mathew P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 7TH DAY OF JANUARY 2013/17TH POUSHA 1934
WP(Crl.).No. 648 of 2012 (S)
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PETITIONER(S):
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1. GOPALAKRISHNAN NAIR, AGED 50 YEARS
S/O. KARUNAKARAN NAIR, NANDAVANAM, (ARACKKAL)
PARAVOOR P.O., AMBALAPUZHA TALUK
ALAPPUZHA DISTRICT, PIN-688014.
2. CHANDRIKA DEVI, AGED 48 YEARS
W/O. GOPALAKRISHNAN NAIR, NANDAVANAM, (ARACKKAL)
PARAVOOR P.O., AMBALAPUZHA TALUK
ALAPPUZHA DISTRICT, PIN-688014.
BY ADV. SRI.SHANKAR V.
RESPONDENT(S):
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1. SUB INSPECTOR OF POLICE
PUNNAPARA POLICE STATION, PUNNAPARA P.O.
ALAPPUZHA DISTRICT, PIN-688004.
2. CIRCLE INSPECTOR OF POLICE
ALAPPUZHA SOUTH POLICE STATION
ALAPPUZHA DISTRICT.688001
3. SUPERINTENDENT OF POLICE
ALAPPUZHA DISTRICT.688001
4. AKHIL U.NAIR @ ASHIQ, AGED 22 YEARS
S/O. LATE UNNIKRISHNAN PILLAI P.V.
KORUKKATTU HOUSE, THATHAMPALLY P.O., ALAPPUZHA
PIN-688008.
5. SUSHAMMA
AGED NOT KNOWN, W/O. LATE UNNIKRISHNAN PILLAI P.V.
KORUKKATTU HOUSE, THATHAMPALLY P.O., ALAPPUZHA
PIN-688008.
6. ASWIN U. NAIR, AGED 24 YEARS
S/O. LATE UNNIKRISHNAN PILLAI P.V.
KORUKKATTU HOUSE, THATHAMPALLY P.O.
ALAPPUZHA PIN 688008
7. VINAYAN, AGE NOT KNOWN, S/O. NOT KNOWN,
KORUKKATTU HOUSE, THATHAMPALLY P.O.
ALAPPUZHA, PIN 688 008.
BY R1 TO R3 SRI.T.ASAF ALI DIRECTOR GENERAL OF PROSECUTION
BY R4 ADV. SRI.B.PRAMOD
BY GOVERNMENT PLEADER SRI.R.PADMARAJ
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
07-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.648/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1- TRUE COPY OF THE FIR IN CRIME NO. (1167/2012) REGISTERED
WITH THE FIRST RESPONDENT BY THE PETITIONERS DATED 19-12-2012.
EXHIBIT P2- TRUE COPY OF THE COMPLAINT PREFERRED WITH THE 3RD
RESPONDENT BY THE PETITIONERS DATED 22-12-2012.
EXHIBIT P3- TRUE COPY OF THE E-MAIL SENT TO THE CHIEF MINISTER OF
KERALA BY THE PETITIONERS DATED 25-12-2012.
RESPONDENTS' EXHIBITS Nil
/True copy/
P.A to Judge.
PIUS C.KURIAKOSE &
BABU MATHEW P.JOSEPH JJ.
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W.P.(Crl.) . NO. 648 OF 2012
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Dated this the 4th day of January, 2013
JUDGMENT
Pius C.Kuriakose,J
Read our order dated 1/1/2013. Arathy Krishnan is
brought to this court today by the police officers. Her parents
are also present before us. Akhil U.Nair, the 4th respondent, is
also present.
2. Sri.R.Padmaraj learned senior Government Pleader
placed before us the report submitted by the District Police
Chief, Alappuzha pursuant to our last order. The report is to
the effect that Sree Saktheeswara Temple Kalavamcode
P.O.Cherthala, Alappuzha, though not a registered one, has
been existing as a Hindu Temple for about 85 years. The
temple is administered by SNKV Yogam. As per the Marriage
Register maintained by the above Yogam , on 19/12/2012 the
marriage between Arathy Krishnan and Akhil U.Nair was
solemnised under the tenets of the Hindu Religion. It is further
reported that according to the Secretary of the Vayalar Grama
Panchayatah one Lalitha Devi, it was only after being convinced
W.P.(Crl.)No.648 /2012 2
that a Hindu marriage was solemnised between the parties at
the temple on the basis of the records produced by the parties
that marriage was registered under the provisions of the
Registration of Marriages (Common) Rules. It was reported that
the allegation of Arathy Krishnan's father that the 4th respondent
is drug edict is not correct.
3. The 4th respondent produced before us Diploma in
Mechanical Engineering certificate issued to him by Sree
Reghavendra Research Foundation Vishwavidyalaya on
30/3/2012. On a perusal of the above certificate, we found
that the above diploma certificate has been given to the 4th
respondent on the basis of one year course attended by him in
the above Viswavidayalaya. Thus it is now found that the claim
of Arathy Krishnan and Akhil U.Nair that Akhil U.Nair holds a
degree in Mechanical Engineering issued by the Bangalore
University is absolutely unfounded. Though it is now revealed
that neither Arathy Krishnan nor Akhi U.Nair can boast of
credibility, as the principal issue which concerns us in this writ
petition is whether the allegation of the writ petitioner that their
daughter is illegally detained is correct, we are inclined to
W.P.(Crl.)No.648 /2012 3
dispose of this writ petition declining the above relief, entering
the following findings:
i).Akhil U.Nair and Arathy Krishnan are duly wedded
husband and wife, their marriage having been solemnised
following the tenets of the Hindu Religion Act.
ii). The claim of Arathy Krishnan and Akhil U.Nair that
Akhil U.Nair holds degree in Mechanical Engineering is repelled.
It is found that what he holds is only a Diploma in Mechanical
Engineering Programme awarded to him on the basis of a one
year course offered by Shree Raghavendra Research
Foundation Vishwavidyalaya. We clarify that we have not
conducted any enquiry as to the genuineness of the Diploma
Certificate produced before us or regarding the creditability of
so called Viswavidyalaya which conferred diploma on the 4th
respondent.
Sd/-
PIUS C.KURIAKOSE,
JUDGE
Sd/-
BABU MATHEW P.JOSEPH,
JUDGE.
dpk /True copy/ P.A to Judge.
W.P.(Crl.)No.648 /2012 4
W.P.(Crl.)No.648 /2012 5
PIUS C.KURIAKOSE &
BABU MATHEW P.JOSEPH JJ.
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W.P.(Crl.) . NO. 648 OF 2012
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Dated this the 1st day of January, 2013
O R D E R
Pius C.Kuriakose,J W.P.(Crl.)No.648 /2012 6 On considering this writ petition filed by the parents of Arathy Krishnan, a 20 year old girl, complaining that Arathy Krishnan was abducted by the 4th respondent with the support of respondents 5 to 7 and that Arathy is being illegally detained by them, this court on 28/12/2012 passed the following order :
Learned Government Pleader takes notice on behalf of respondents 1 to 3. Adv. B.Pramod enters appearance on behalf of respondents 4 to 7 who assures and undertakes that the detenue will be produced before this Court on 1st of January 2013.
The learned Government Pleader
undertakes that there will not be any
harassment or coercive steps from the part of the police. Post on 1/1/2013. "
2. Accordingly, today Arathy Krishnan accompanied by the 4th respondent is present before us. The petitioners, Arathy's parents, are also present. We interacted with each one of them. Arathy Krishnan told us that she is the duly wedded wife of the 4th respondent and she was residing along with him during the past 14 days. She claimed that their marriage was duly solemnised in a temple at Kalavamkodam and that the above marriage was duly registered with the Vayalar Grama Panchayat under the Kerala Registration of Marriages (Common) Rules. W.P.(Crl.)No.648 /2012 7 She placed before us a photograph taken at the time of the marriage and the photostat copies of the marriage certificate issued by the Secretary , SNKV Yogam in the letter pad of Kalavamkodam Puthukottukunnel Shree Shaktheeswara Kshethram as well as the Photostat copy of the marriage certificate issued by the Vayalar Grama Panchayat. But, on further interaction with Arathi and the 4th respondent, we find that they do not have any clear idea as to the identity of the temple. We find that the marriage certificate produced before us is issued by the Secretary of SNKV Yogam. The identity and credibility of the above Yogam which apparently owns the temple is also not known.
3. Sri.Gopalakrishnan Nair, the father of Arathy, told us that the 4th respondent is a person who has earned considerable notoriety in the locality where he resides. He also told us that to his information the 4th respondent takes drugs. The 4th respondent claims that he is a graduate in Mechanical Engineering. But, he was not able to say as to which University issued him Degree. According to him, a University in the State of Karnataka issued him Degree.
W.P.(Crl.)No.648 /2012 8
4. The materials presently available before us are not sufficient to come to a clear conclusion that Arathy and the 4th respondent are duly wedded persons. We are of the view that the said issue should be probed further. Under the above circumstances, we issued the following orders;
i). The 4th respondent, Akhil U.Nair, is directed to produce the original of the Engineering Degree Certificate as well as the originals of the mark list issued by that University in Karnataka which has conferred a Degree in Mechanical Engineering on him. He will also produce the document which will show that he is decently employed in Bangalore and that he has income sufficient to support a family.
ii). The 3rd respondent is directed to have necessary enquiries conducted immediately either directly or through officers in whom he is having confidence on the following aspects:
a). The identity of SNKV Yogam and the
connection between that Yogam and
Kalavamkodam Puthukottukunnel Shree
Shakthieeswara Kshetram, Kalavamkodam P.O., W.P.(Crl.)No.648 /2012 9 Cherthala, Alapuzha.
b). Whether, as per the marriage Register or other documents kept in the above temple, the marriage between Arathy Krishnan and the 4th respondent was solemnised as claimed by them on 19th December 2012.
c). The antecedents and general reputation of the 4th respondent particularly with reference to the allegation of Gopalakrishnan Nair, the first petitioner, that the 4th respondent is a drug edict.
iii)). As we are yet to be convinced regarding the valid matrimonial having taken place between Arathy Krishnan and the 4th respondent, we direct respondents 1 to 3 to admit Arathy Krishnan to the S.N.V.Sadanam Ladies Hostel, Ernakulam till 7/1/2013. The requisite fees and other charges in the hostel will be remitted by the 4th respondent. If the 4th respondent fails to remit the fees, the same will be remitted by the first petitioner.
iv.)During Arathy's stay in the hostel, the petitioners, the W.P.(Crl.)No.648 /2012 10 parents of Arathy, will have visitation rights on Arathy during the visiting hours of the hostel. The 4th respondent will not have a similar visitation rights. The hostel authorities shall permit Arathy to talk to the 4th respondent over telephone every day between 7.p.m. and 7.15 p.m. Post on 7/1/2013.
PIUS C.KURIAKOSE, JUDGE BABU MATHEW P.JOSEPH, JUDGE.
dpk W.P.(Crl.)No.648 /2012 11