Kerala High Court
Shibinraj vs Babu.M.P on 8 March, 2019
Author: K. Harilal
Bench: K.Harilal, Annie John
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.HARILAL
&
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
FRIDAY, THE 08TH DAY OF MARCH 2019 / 17TH PHALGUNA, 1940
WP(Crl.).No. 86 of 2019
PETITIONER :
SHIBINRAJ,
AGED 29 YEARS,
S/O PADMANABHAN, KURUVAMPARAMBATH,
PURAMERI, ARUR, KOZHIKODE - 673 507
BY ADV. SRI.C.K.SREEJITH
RESPONDENTS :
1 BABU.M.P.,
PATTANDI MEETHAL, KANNOOKKARA,
ONCHIAM, KOZHIKODE - 673 102.
2 REENA,
W/O BABU M.P, PATTANDI MEETHAL,
KANNOOKKARA, ONCHIAM,
KOZHIKODE - 673 102.
3 THE DISTRICT POLICE CHIEF,
DEPARTMENT OF HOME AFFAIRS, GOVT OF KERALA,
POLICE DISTRICT QUARTERS,
KOZHIKODE - 673 101
4 THE SUB-INSPECTOR OF POLICE,
VATAKARA POLICE STATION,
KOZHIKODE - 673 101
5 DEPUTY SUPERINTENDENT OF POLICE,
VATAKARA POLICE STATION,
KOZHIKODE - 673 101
R3 TO R5 BY SENIOR GOVERNMENT PLEADER
SRI.B.RAMANAND
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON
08.03.2019, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING :
WP(Crl.).No. 86 of 2019
2
JUDGMENT
K. Harilal, J.
According to the petitioner, he is in love with the daughter of the first and 2nd respondents by name Bajilna for a long time. Eventually they decided to get married and live together as husband and wife and they have made all arrangements to conduct the marriage on 28.02.2019 at Mamanikunnu Sree Mahadevi Temple, Irikkur, Kannur. When the first and 2nd respondent came to know about the marriage of the petitioner with their daughter, they confined her into their illegal custody and thereafter, she was not allowed to contact with him. She is detained against her wish. Though he had contacted the first and 2nd respondents and requested to give their daughter in marriage to him, they denied the same. Thus, according to the petitioner, there is a circumstance warranting interference of this Court by invoking the writ jurisdiction under Article 226 of the Constitution of India to set the WP(Crl.).No. 86 of 2019 3 detenue free.
2. The detenue and the respondents 1 and 2 are present before this Court and we have interacted with the petitioner, detenue and the parents of the detenue. i.e. respondents 1 and 2. The detenue stated that she is under illegal confinement of the respondents 1 and 2 for the last more than 8 months. According to her, she is in love with the petitioner as stated in the petition and they decided to get married and all arrangements were made to conduct their marriage at Mamanikunnu Sree Mahadevi Temple on 28.02.2019. When the respondents 1 and 2 came to know about the same, they physically confined her and thereafter she was not allowed to move or contact with anybody else other than them.
3. In view of the statement given before us, we are satisfied that the detenue is under the illegal confinement of the respondents 1 and 2 and there is circumstance warranting interference of this Court invoking the writ jurisdiction under Article 226 of the Constitution of India to set her free and we do so. The detenue is set free WP(Crl.).No. 86 of 2019 4 and she is at liberty to live along with the petitioner. The first and 2nd respondents or anybody under them shall not cause any kind of obstruction or threat to the peaceful life of the detenue along with the petitioner. In case of threat from the respondents 1 and 2 or anybody under them, respondents 3 to 5 shall provide sufficient police protection to the detenue to live peacefully along with the petitioner.
This writ petition will stand allowed.
Sd/-
K.HARILAL JUDGE Sd/-
ANNIE JOHN JUDGE RKM WP(Crl.).No. 86 of 2019 5 APPENDIX PETITIONER'S EXHIBITS :
P1 : COPY OF THE AADHAAR CARD OF THE PETITIONER. P2 : COPY OF THE AADHAAR CARD OF MISS.BAJILNA P.M. P3 : COPY OF THE RECEIPT ISSUED BY THE MAMANIKUNNU SREE MAHADEVI TEMPLE COMMITTEE EXHIBIT P1 THE TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER EXHIBIT P2 THE TRUE COPY OF THE AADHAAR CARD OF MISS. BAJILNA P.M. EXHIBIT P3 THE TRUE COPY OF THE RECEIPT ISSUED BY THE MAMANIKUNNU SREE MAHADEVI TEMPLE COMMITTEE.