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Judgment
The prayers in the instant Writ Petition (Criminal) seeking the pleas of Habeas Corpus are as follows:
“
(i) Issue a Writ of Habeas Corpus or any other appropriate Writ, Order or Direction, compelling and commanding the respondents 1 to 3 to produce the body of the detenue “Rabeka” before this Hon'ble Court from the illegal detention of the 4th respondent so as to release her from illegal custody, And
(ii) Issue such other writ or direction which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice. ”
Heard Sri.S.Jiji, learned counsel appearing for the petitioner, Sri.E.C.Bineesh, learned Prosecutor appearing for official respondents 1 to 3 and Sri.Sooraj T.Elenjickal, learned counsel appearing for contesting respondents 4 & 5 (father and brother of the alleged detenue respectively).
The case set up in the Writ Petition (Criminal) is as follows: That, the petitioner, aged 32 years, is having a love affair with the alleged detenue “Ms.J.Rabeka”, aged 30 years (daughter of 4th respondent and sister of the 5th respondent) and that they have decided to get married. But that, respondents 4 & 5, who are opposed to the said proposal, have illegally detained the alleged detenue against her wishes and without her consent and that she is under the illegal detention of respondents 4 & 5.
On the previous occasion (on 26.9.2022) we had issued notices to the official respondents as well as to contesting respondents 4 & 5 and had directed the 3rd respondent to ensure the production of the alleged detenue today.
Today, the alleged detenue “Ms.J.Rabeka” has appeared before us and we have personally interacted with her. We pointedly asked her, as to whether the allegations of the petitioner that the alleged detenue is under the illegal detention of respondents 4 & 5 is correct and whether she is being detained by them against her wishes and whether she wants to go and live with the petitioner, etc. She has categorically and clearly told us, during the interaction, that she is not under the illegal detention of respondents 4 & 5 or anyone else and that she is residing along with them voluntarily and that she does not want to go with the petitioner, etc.
In other words, the alleged detenue has told us, in clear and categorical terms, that she is not under the illegal detention of respondents 4 & 5 or anyone else. So, the plea for issuance of Habeas Corpus Writ, on the premise that the alleged detenue is under the illegal detention of the contesting respondents fails. Accordingly, the afore captioned Writ Petition (Criminal) will stand dismissed.