SHAMEER H Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Heard Sri.R.Divakaran, learned counsel appearing for the petitioner, Sri.Alex M.Thombra, learned Public Prosecutor appearing for official respondents 1 to 3 and Smt.S.Krishna, learned Advocate appearing for R-4 and R-5. Formal notice to R-6 (alleged detenue), who is personally present before this Court, will stand dispensed with.

(3.) The basic plea put in this writ proceedings and in the documents produced thereto, is to the effect that the petitioner, aged 34 years, is having a love affair with R-6 herein (alleged detenue), Ms.Anjana Sankar, aged 26 years, for the last six years. Further, it appears that the petitioner belongs to Muslim religion and the alleged detenue belongs to Hindu religion. It is alleged by the petitioner that, R-6 (alleged detenue) is under the illegal detention of R-4 and R-5 (father and brother respectively of R-6) and that she is being detained against her wishes, in order to prevent the marriage between the petitioner and the alleged detenue. Further that, the alleged detenue has secured Doctoral Degree in Pharmacology and was earlier working as a teacher in an unaided college and that she is capable of taking her own decisions, etc.