MOHAMMED SHERIEF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of the alleged detenue by name Aneesha S. Sanam. This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of habeas corpus or any other writ, order or direction directing the respondents to produce the detenue before this Court and to set her at liberty. The detenue is aged 20 years and is studying in Kappan's School of Accountancy and Management at Edappally, Ernakulam. The petitioner belongs to Muslim community. The fifth respondent had an affair with the detenue and he is working in Techno Park, Thiruvananthapuram. Respondents 4 and 6 are his parents.

(2.) On 20.8.2014 at about 4 p.m., the petitioner's daughter went to the road, thereafter she did not return. On enquiry, the petitioner understood that respondents 4 and 5 were also missing. The petitioner has reason to believe that the fourth and fifth respondents took petitioner's daughter to somewhere else so as to keep her away from her parents. On 20.8.2014 itself, the petitioner had given a complaint to the third respondent complaining unlawful detention of the detenue by respondents 4 and 5. But, the third respondent has not taken any effective steps to trace out the detenue and release her. Hence, the petitioner filed this writ petition for granting reliefs as prayed for.

(3.) We admitted the writ petition and issued notice to respondents 4 and 5 with a direction to produce the detenue before this Court. The respondents 2 and 3, the Police Officials were also directed to see that the detenue is produced before this Court in compliance with the said order. On 5th September, 2014, in compliance with the direction in the order dated 3rd September, 2014, the detenue was produced before this Court. The parents of the detenue as well as the fifth respondent were also present before this Court.