Kerala High Court
Krishnakumar vs The Commissioner Of Police on 29 April, 2014
Author: Alexander Thomas
Bench: Antony Dominic, Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY, THE 22ND DAY OF MAY 2014/1ST JYAISHTA, 1936
WP(Crl.).No. 187 of 2014 (S)
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PETITIONER:
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KRISHNAKUMAR, AGED 48 YEARS,
S/O.VAMAKESAN, PAZHAMANAPARAMBIL, MYTHRI NAGAR
VADUTHALA, COCHIN 682 023
BY ADV. SRI.P.GEORGE WILLIAM
RESPONDENTS:
------------------
1. THE COMMISSIONER OF POLICE,
COCHIN CITY, ERNAKULAM - 682 012.
2. NITHINKUMAR,
S/O.OMANAKUTTAN, THEKKEVELIVEETTIL, RESIDING BEHIND
CHAMPAKKARA CHURCH, CHAMPAKKARA,
ERNAKULAM DISTRICT - 682 012.
ADDL. R3 IMPLEADED:
3. THE SUB INSPECTOR OF POLICE, MARADU.
(ADDL. R3 IS SUO MOTU IMPLEADED AS ADDITIONAL 3RD RESPONDENT
VIDE ORDER DATED 29.04.2014)
R2 BY ADV. SRI.D.G.VIPIN
R2 BY ADV. SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
R1 BY ADV. SHRI. TOM JOSE PADINJAREKKARA, ADDL. DIRECTOR
GENERAL OF PROSECUTION
R BY GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
22-05-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(Crl.).No. 187 of 2014 (S)
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APPENDIX
PETITIONER'S EXHIBITS :
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EXHIBIT P1 TRUE COPY OF THE DISCHARGE SUMMARY DATED 28/09/2013
ISSUED BY MEDICAL TRUST HOSPITAL,ERNAKULAM.
EXHIBIT P2 TRUE COPY OF THE PRESCRIPTION DATED 5/4/2014 OF DR.BABU
JOHN MATHEW,PHYSICIAN TO THE DETENUE.
EXHIBIT P3 TRUE COPY OF THE PRESCRIPTION DATED 5/4/2014 OF DR.
G.SREEKALA,CONSULTANT OPHTHALMOLOGIST TO THE DETENUE
RESPONDENTS' EXHIBITS: NIL
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//TRUE COPY//
P.A. TO JUDGE
rv
ANTONY&DOMINIC
ALEXANDER THOMAS, JJ.
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W.P. (Crl.) No. 187 of 2014
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Dated this the 22nd day of May, 2014
JUDGMENT
Antony Dominic, J The petitioner is the father of Devi Sukruthi, who has passed Plus two course and has completed 18 years. In the petition, he alleged that she was being illegally detained by the 2nd respondent.
2. When the writ petition came up for admission on 29.04.2014, this Court directed the 2nd respondent to produce the alleged detenue before this Court on 02.05.2014. On that day, after interrogation with the parties, an order was passed leaving the detenue with the parents. It was also directed that the detenue will be produced before this Court today.
3. Accordingly, the detenue was produced before this Court today and we have made interaction with her again. During the course of the interaction, the detenue has made it W.P.(Crl.) No. 187/2014 -2- known to us that she is interested in pursuing her studies and that the question of marriage with the 2nd respondent is a matter to be decided later.
In any case, the scope of this writ petition filed for a writ of Habeas Corpus being one for setting the detenue at liberty and as the petitioner's daughter has expressed her desire to be with her parents, leaving her to go with her parents, this writ petition is closed.
sd/- ANTONY DOMINIC, JUDGE.
sd/- ALEXANDER THOMAS, JUDGE.
rv