SURAJ G. Vs. CITY POLICE COMMISSIONER

JUDGEMENT

(1.) The prayers in the aforecaptioned Writ Petition (Crl.), seeking for a writ of Habeas Corpus, are as follows :

(2.) Heard Smt.Bhanu Thilak, learned counsel appearing for the petitioner and Sri.E.C.Bineesh, learned Public Prosecutor appearing for official respondents 1 to 3. Contesting respondent No.4 (mother of the alleged detenue) has been duly served notice through special messenger. Though R-4 has not entered appearance through the counsel, she has interacted with us through the video conferencing session today.

(3.) The case set up in the above Writ Petition (Crl.) is to the effect that the petitioner is having a love affair with the alleged detenue involved in this case, who is the daughter of R-4. That the date of birth of the alleged detenue is 5/11/2004. That when she had certain serious with her family members, she insisted that she has to move away from her parental home and as she had not then completed the majority age of 18 years, the petitioner had made arrangements to ensure that the alleged detenue resides with one of his close relatives in Kollam. That thereafter, it appears that R-4 or her relatives had given a complaint to the police, regarding her missing, which led to the registration of FIR No.249/2022 of Mukkom Police Station, Kozhikode District, under Sec.57 of the Kerala Police Act. That the police had, thereafter, traced out the alleged detenue at the residence of the petitioner's relative in Kollam and she was produced before the learned Magistrate. Further, it appears that the alleged detenue had then apprised the learned Magistrate that she does not want to go with her family members, due to certain issues. As she had not then completed the majority age of 18 years, the learned Magistrate had directed that she may be accommodated in a care home under the Child Welfare Committee and that thereupon, she has been accommodated in the care home, under the 3rd respondent at Kozhikode. That later, she has completed the majority age of 18 years on 5/11/2022, the alleged detenue does not want to reside there any longer and she wants to live with the petitioner and that they have decided to get married, etc.