Kerala High Court
Varkey Thomas vs State Of Kerala on 3 November, 2022
Author: Alexander Thomas
Bench: Alexander Thomas
WP(Crl.) No.1013/2022 1/7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
WP(CRL.) NO. 1013 OF 2022(S)
PETITIONER:
VARKEY THOMAS, AGED 60 YEARS,S/O.VARKEY,POOVATHOLIL HOUSE,
BHARANANGANAM P.O.,PALA,KOTTAYAM-686578
RESPONDENTS:
1.STATE OF KERALA,REPRESENTED BY THE SECRETARY,HOME DEPARTMENT,
GOVERNMENT OF KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001
2.STATE POLICE CHIEF,POLICE HEAD QUARTERS,VELLAYAMBALAM P.O.
THIRUVANANTHAPURAM-695010
3.THE DISTRICT POLICE CHIEF,KOTTAYAM,KOTTAYAM-686001
4.STATION HOUSE OFFICER,PALA POLICE STATION,PALA P.O.,
KOTTAYAM-686574
5.SHIJU,S/O,VEDA MUTHU,DOD-9,NAMAKKAL,NAGARCOIL,
KANYAKUMARI DISTRICT,TAMIL NADU-637001
6.DIRECTOR GENERAL OF POLICE,TAMIL NADU,P.B.NO.,601,
DR.RADHA KRISHNAN SALAI,MYLAPUR,CHENNAI,TAMIL NADU-600004
7.DISTRICT POLICE SUPERINTENDENT,KANYAKUMARI,
OFFICE OF THE DISTRICT POLICE SUPERINTENDENT,KANYAKUMARI,
KANYAKUMARI,NH-7,TIRUNELVELI NANGUNERI VATTAKOTTAI
KANYAKUMARI ROAD,KANYAKUMARI,TAMIL NADU 629702
8.STATION HOUSE OFFICER,NAMAKKAL POLICE STATION,
KANYAKUMARI DISTRICT,TAMIL NADU-600004.
P.T.O.
WP(Crl.) No.1013/2022 2/7
This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of WP(Crl.) and this Court's
order dated 28/10/2022 and upon hearing the arguments of M/S.C.RAJENDRAN
& R.S.SREEVIDYA, Advocates for the petitioner, SRI.SAIGI JACOB PALATTY,
PUBLIC PROSECUTOR for the respondents and of Advocate SRI.K.K.
DHEERENDRA KRISHNAN FOR THE ALLEGED DETENUE, the court passed the
following:
P.T.O.
WP(Crl.) No.1013/2022 3/7
ALEXANDER THOMAS & VIJU ABRAHAM , JJ.
==================
WP(Crl.) 1013 of 2022
==================
Dated this the 3rd day of November, 2022
ORDER
Sri.K.K.Dheerendra Krishnan, learned Advocate,has submitted that Vakalath, on behalf of the alleged detenue (Ms.Maria Thomas, aged 28 years, daughter of the petitioner), is being filed and that the alleged detenue has personally reported before this Court and that this Court may directly interact with her. The petitioner and his wife (parents of the alleged detenue) have interacted with us, through the Video Conferencing facility arranged by the Secretary, DLSA, Kottayam. We have heard Sri.C.Rajendran, learned Counsel appearing for the petitioner, Sri. K.K.Dheerendra Krishnan, learned Counsel appearing for the alleged detenue and Sri.Saigi Jacob Palatty, learned Prosecutor appearing for the respondents. The alleged detenue has told us, in clear terms, that she is not under the illegal detention of R5 or anyone else and that she is having an employment as Product Development Assistant in a unit run by R5 at Nagarcoil. Further that, she had voluntarily gone away from her parental home and that she is now residing in Nagarcoil, in view of her employment and that she is not under the illegal detention of anyone. WP(Crl.) No.1013/2022 4/7 WP(Crl.) 1013 of 2022
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2. Sri.C.Rajendran, learned Counsel appearing for the petitioner as well as her parents have raised certain apprehensions regarding the background of R5 and that the alleged detenue may require counselling.
The alleged detenue submits that she has undergone many counselling sessions and that she may not be compelled for another one. On our interaction, we find that the alleged detenue appears to be normal.
3. Counsel for the petitioner has apprised us that the alleged detenue was previously sent for counselling session, as per the directions of the Judicial First Class Magistrate, Pala, in Ext.P2 proceedings and that the records of the counselling session, arranged by Mahilamandiram, Kallara, Kottayam, may be available.
4. Sri. K.K.Dheerendra Krishnan, learned counsel appearing for the alleged detenue submits that the alleged detenue may be permitted to file an affidavit before this Court. Permission is granted to the alleged detenue to file affidavit through her learned Counsel.
5. The Registry will get a report from the Judicial First Class Magistrate Court - I, Pala who dealt with Ext.P2 proceedings, arising out of crime No.2500/2022 of Pala Police Station, about the previous proceedings referred to therein and also as to whether the alleged WP(Crl.) No.1013/2022 5/7 WP(Crl.) 1013 of 2022
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detenue was then sent for counselling session and if so, to which counselling centre and if any records or reports of the said counselling centre is available with the learned Magistrate, then the same may also be made available. This information may also be conveyed by the learned Magistrate to R4-SHO, Pala who shall also collect these details and give necessary report, alongwith available documents, to the learned Prosecutor appearing in this case before this Court well before the next posting date. Learned Prosecutor will intimate the abovesaid direction to R4-SHO Pala.
6. The parents of the alleged detenue wanted to interact with the alleged detenue. Since the parents are now attending video conferencing session in Pala, Kottayam and as the detenue is now here at Ernakulam, the alleged detenue has consented to interact with her mother in the next posting date, as she has some issues with her mother. Petitioner and his wife may report before this Court on the next posting day, whereupon we could permit the alleged detenue's mother to interact with her.
7. Further, R2 - State Police Chief (Kerala) will immediately contact R6 State Police Chief, Tamil Nadu and R7-District Police Chief, Kanyakumari so as to ascertain the antecedents of the contesting WP(Crl.) No.1013/2022 6/7 WP(Crl.) 1013 of 2022
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respondent No.5 (Sri.Shiju, S/o.Veda Muthu, DOD-9, Namakkal, Nagarcoil, Kanyakumari District, Tamil Nadu) and as to whether he is involved in any criminal activities or whether he has any such other bad records and also the available details regarding his previous marriages etc. R2-State Police Chief will get these details from R6 to R8 and then ensure that the same is transmitted to the learned Prosecutor who may make available the same, for the perusal of this Court, in the next posting date.
List the case at 10.15 am on 17.11.2022.
Handover to both sides.
sd/-
ALEXANDER THOMAS, JUDGE sd/-
VIJU ABRAHAM, JUDGE
Nsd
03-11-2022 /True Copy/ Assistant Registrar
WP(Crl.) No.1013/2022 7/7
APPENDIX OF WP(CRL.) 1013/2022
Exhibit P2 A TRUE PHOTOCOPY OF THE ORDER DATED 15/09/2022 OF THE
HON'BLE FIRST CLASS MAGISTRATE I, PALA, KOTTAYAM.