SHAIJU S. Vs. NIRBHAYA SHELTER HOME

JUDGEMENT

(1.) The petitioner is approaching this court seeking a writ of Habeas corpus for directing production of the corpus of Lekshmi S.S., who is the daughter of the respondents 3 and 4 herein, and to set her at liberty .

(2.) It is stated in the writ petition that, the petitioner and Ms.Lekshmi S.S. (hereinafter referred to as 'the alleged detenue') were neighbours. They got acquainted each other and fell into love. On 23.5.2017 the parents of the alleged detenue realised that she is missing. Based on a complaint lodged by the 3 rd respondent, the 5th respondent registered Crime No.1065/2017 under Section 57 of the Kerala Police Act. The alleged detenue was traced out by the police after few days, on 27.5.2017. The police had altered the case to one punishable under Section 366(A) of the Indian Penal Code by implicating the petitioner herein as accused, allegedly because the detenue was a minor at that time. The petitioner was initially remanded to judicial custody and subsequently released on bail. It is stated that, the case was investigated and the final report was already filed as per Ext.P2 (C.P.No.78/2018 on the files of the Judicial First Class Magistrate Court (Temporary), Nettattinkara). Ext.P2 final report would indicate that, when the said case was at the crime stage, the alleged detenue was produced before the Judicial First Class Magistrate Court (Temporary), Nettattinkara. At that time, the respondents 3 and 4 were not prepared to take the alleged detenue into custody. Therefore the learned Magistrate ordered the alleged detenue to be admitted at 'Nirbhaya Shelter Home', Poojappura. According to the petitioner, she was transferred from the said shelter home to the 'Nirbhaya Shelter Home' to which the 2nd respondent is the Manager. It is stated that the alleged detenue is now staying in the institution of the 2 nd respondent. It is the case of the petitioner that, the alleged detenue has now attained majority. According to the petitioner, she had informed the petitioner over telephone that she wants to live with him and to get released from the 2nd respondent's institution. It is further stated that in this regard, the alleged detenue had caused a letter to the petitioner, copy of which is produced as Ext.P3. According to the petitioner, the 2 nd respondent is not releasing the alleged detenue and is not prepared to sent her along with the petitioner. Hence it is alleged that the alleged detenue is under illegal detention of respondents 1 to 4. On that basis, the petitioner is approaching this court seeking relief as mentioned above.

(3.) When the above writ petition came up for admission, this court directed the respondents 5 and 6 to produce the alleged detenue before this court, on today. Accordingly the alleged detenue is produced before this court. The respondents 3 and 4 are also personally present.