NINAN GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed seeking issuance of a writ in the nature of habeas corpus. On 21/10/2014, it was noted that a prima facie case for granting of the application is made out and therefore, a rule nisi was issued calling upon respondents 3 and 4 to appear on 24/10/2014 to show-cause why such order should not be made and also to produce the alleged detenue in Court. We may recall here that there was some uncertainty as to whether the petitioner has to take out notice at his expense, even if it is ordered to be served through a special messenger. If the Court is not satisfied at the stage of admission to issue a rule nisi, process will go at the expenditure of the petitioner. If a rule nisi is not issued, an application for issuance of a writ in the nature of habeas corpus will not be treated as admitted. But, when a rule nisi is issued, it discloses the fact that the High Court is satisfied that a prima facie case for granting the reliefs sought for in the application is made out. Rule 161 of the Rules of the High Court of Kerala, 1971 provides as follows:

(2.) Parents of the alleged detenue are present. Respondents 3 and 4 are present. The alleged detenue, who appears to have come with respondents 3 and 4, is also present.

(3.) This Court interacted with the alleged detenue, her parents and respondents 3 and 4. Having carried out such interactions to judicial satisfaction, it is seen that the alleged detenue is not in illegal detention. The rule nisi is hence discharged.