LAWS(KER)-2014-10-260

ARUN I. JOSE Vs. SUB INSPECTOR OF POLICE

Decided On October 17, 2014
Arun I. Jose Appellant
V/S
SUB INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner, who is the father of one A.S. Teena preferred this writ petition under Article 226 of the Constitution of India, alleging that his daughter is illegally detained by respondents 4 to 7 and hence prayed to issue a writ of habeas corpus or other writ, order or direction commanding the respondents to produce the body of the petitioner's daughter Ms. Teena. A.S. before this Court and set her at liberty.

(2.) WHEN the above writ petition is admitted, this Court issued direction to respondents 4 to 7 to be present in this Court along with the detenue and the first respondent is directed to see that the girl is produced before this Court. Though the above case was posted on 25.9.2014, 1.10.2014 and on 14.10.2014, the detenue could not be traced out. Thus, by order dated 14.10.2014, we directed the third respondent/City Police Commissioner, Kollam to file a statement by himself showing the steps taken in terms of the order passed by this Court on 1.10.2014 and he is also directed to strengthen the investigation in the mean while.

(3.) THUS , in terms of the order dated 17.11.2014, the detenue is again produced before us and when we interacted with her, she deposed before us that she wants to go along with the petitioner/her father and to reside along with her parents in her house and she wants to complete her studies. She has also deposed before us that during her stay in Mahilamandiram at Kollam, her parents visited her five or six occasions and the mother of the fourth respondent, who is the sixth respondent herein, has also visited her and she had advised her to go along with the petitioner and to complete the studies and thereafter, the marriage can be conducted. Thereafter, we had interacted with the petitioner, the father of the detenue, who fairly submitted before us that he is fully aware of the legal position and the consequence of the issue involved in this case.