2025:KER:29088 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(CRL.) NO. 360 OF 2025 PETITIONER: SANTHOSH P, AGED 34 YEARS, S/O SWAMINATHAN, PUTHENPURAYI HOUSE, THEKKUMURI POST, KARALMANNA VIA, PALAKKAD, PIN – 679506. BY ADVS. AKHIL SURESH KALLIYANI KRISHNA B. AMRITH M.J. ISABELL MANOJ RAHUL T. RESPONDENTS: 1 SONY GEORGE, AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, VILLANASSERIL HOUSE, SBI ZONAL OFFICE, PANAMPILLY NAGAR ERNAKULAM, PIN - 682036 2 JESSY SONY AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, VILLANASSERIL HOUSE, SBI ZONAL OFFICE, PANAMPILLY NAGAR ERNAKULAM, PIN – 682036. 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -2- 3 DIVYA SABIN AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SEENA IMAGE BEAUTY PARLOUR, PUTHIYARA P. O., NEAR APCO HONDA, OPP. KRISHNA HALWA STORE, KOZHIKODE, PIN – 673004. 4 THE STATION HOUSE OFFICER, MAHATMA GANDHI RD, THEVARA JUNCTION, PERUMANOOR, KOCHI, ERNAKULAM, KERALA, PIN – 682015. 5 THE STATE POLICE CHIEF, KERALA VAZHUTHAKADU, THIRUVANANTHAPURAM, PIN – 695014. 6 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN – 695001. BY ADVS. LEO LUKOSE A.D.DIVYA ENOCH DAVID SIMON JOEL(K/925/2009) S.SREEDEV(K/1219/2006) RONY JOSE(K/705/2012) KAROL MATHEWS SEBASTIAN ALENCHERRY(K/126/2010) DERICK MATHAI SAJI(K/1901/2021) KARAN SCARIA ABRAHAM(K/003189/2023) ITTOOP JOY THATTIL(K/2716/2024) P.M.SHAMEER, GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -3- JUDGMENT Devan Ramachandran, J. The petitioner alleges that the ‘alleged detenue’ is being detained against her wishes by respondents 1 to 3 - being her father, mother and elder sister respectively. 2. Hearing Smt.Kalliyani Krishna B. - learned counsel for the petitioner as afore, when this matter was considered by us on 20.03.2025, we allowed the petitioner to take out notice to the party respondents by a Special Messenger. 3. Subsequently, on 02.04.2025, the ‘alleged detenue’ appeared before us, and we interacted with her, the record of which is available in our order of the said date, extracted under: The alleged detenue is before us. 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -4- She submitted that she wants to live independently though eventually, she may or may not marry the petitioner. She added that she is presently living with her uncle – Sri.Rony George at Thevara, Ernakulam. The learned counsel for the petitioner sought that this matter be listed on 04.04.2025 saying that his client has not been able to come today because of great emotional turmoil he is going through. Post, therefore, on 04.04.2025 for all the parties and the alleged detenue to be present before us. 4. Today, all the parties are also before us, and we have again interacted with them. 5. Respondents 1 and 2 - the parents of the ‘alleged detenue’, submitted that they have no objection if their daughter wants to live on her own will; and that they have less objection if she wants to go with her uncle, namely the 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -5- brother of the 1st respondent. They admitted that the ‘alleged detenue’ is over 18 years of age, capable of living an independent life, and stated that they had nothing further to add. 6. We, thereupon, again interacted with the ‘alleged detenue’, who submitted that she does not intend to marry the petitioner immediately, but rather wishes to settle down independently, for which, she desires to go with her paternal uncle, Sri.Rony George, who is also present before us. 7. The petitioner, who appeared in person today, submitted that he is a close friend of the ‘alleged detenue’ and affirmed they are in a relationship. He added that he leaves it to the ‘alleged detenue’ to take any decision as per her wishes. Taking note of the afore submissions and 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -6- specifically recording the statements of the ‘alleged detenue’, we close this Writ Petition, as there is hardly anything left for us to do, when she says that she is not under detention. In order to ensure that the privacy of the ‘alleged detenue’ is properly protected, we direct the Registry to anonymise the names and identities of all the parties in all papers of this Writ Petition. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B.SNEHALATHA akv JUDGE 2025:KER:29088 WP(CRL.) NO. 360 OF 2025 -7- APPENDIX OF WP(CRL.) 360/2025 PETITIONER EXHIBITS EXHIBIT P-1 A TRUE COPY OF THE COMPLAINT TO THE 4TH RESPONDENT DATED 19.03.2025 EXHIBIT P-2 A TRUE COPY OF THE RECEIPT OBTAINED FROM THE OFFICE OF THE 4TH RESPONDENT DATED 19.03.2025