ALAN LALU Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by a 23 year old boy alleging illegal detention of his fiancee. The detenu and the petitioner are said to have been working together in a Hospital at Hyderabad, Telangana. It is stated that the petitioner and the detenu have been in love since September, 2024, and they were having the intention to marry. However, the relatives of the detenu were not amenable to the above proposal. On 6/4/2025, the petitioner and the detenu arrived at the house of a relative of the petitioner at Thrissur District in Kerala. It is stated that they were planning to perform the marriage ceremony at Vattekkad Durga Temple on 10/4/2025, and the above proposal was informed to the detenu's family. In the meanwhile, the 9 th respondent, who is the elder brother of the detenu, and a Police Officer at Telangana, is alleged to have made a complaint before the Nandipet Police Station, Nizamabad District, Telangana, in connection with the missing of the detenu. Thereafter, on 10/4/2025, the police personnel from Nandipet Police Station, along with the 3 rd respondent are said to have taken both the petitioner and the detenu into custody. The detenu was temporarily lodged at the institution run by the 8 th respondent at Thrissur, and the petitioner is said to have been released. Now, the petitioner would contend that the detenu, a girl, who had attained the age of majority, has been kept under illegal detention, in violation of the provisions of Articles 14 and 21 of the Constitution of India. For the above reason, the petitioner seeks the intervention of this Court for passing appropriate orders for the release of the detenu from illegal custody.

(2.) On 16/4/2025, when the matter came up for consideration before a Division Bench of this Court, an order was passed directing respondents 1, 3 to 5 and 8 for arranging a video conferencing with the detenu, or to arrange for the production of the detenu before this Court. Accordingly, the District Legal Services Authority, Thrissur, with the assistance of respondents 1, 3, 4 and 8 made arrangements for the video conference at the office of the District Legal Services Authority, Thrissur.

(3.) Today, we interacted with the detenu online at 10.15 am by way of video conference. We have ascertained the circumstances under which she happened to be at Thrissur. We enquired about her relationship with the petitioner and also ensured from her that the detenu is aged 23 years as revealed from Ext.P3 - copy of the Secondary School Certificate.