High CourtsDivision Bench(2021) 07 KL CK 0327

Sunitha vs Superintendent Of Police, Chittur, Palakkad 678 101

High Court Of Kerala · Decided on 28 July 2021

HON’BLE JUDGES
K.Vinod Chandran, J · Ziyad Rahman A.A, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (CRL.) NO. 161 Of 2021

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Judgment

15 paragraphs · 333 words

K.Vinod Chandran, J.

1.

The detenue was produced before us by the Circle Inspector of Police, Puthunagaram Police Station. The Circle Inspector of Police Informs us

that the detenue along with the mother and uncle of the 5th respondent came before the office of the Deputy Superintendent of Police, Chittoor and in

compliance with the order of this Court, she has been produced before us. It is also stated that Section 164 statement had been taken from her by the

concerned Magistrate. The alleged detenue is said to have just reached the age of 18 on 10.07.2021, that is just about 15 days back.

2.

We interacted with the detenue. She is very adamant in expressing her desire that she wants to go with the mother of the 5th respondent. She also

informs us that she is pregnant. The detenue asserts before us that she was sent out of the house by her mother. The learned counsel for the mother

however denies the said allegation and submits that the mother has just scolded her for having a relationship with the 5th respondent. The detnue is

said to have earlier also gone with the 5th respondent and she was produced before the jurisdictional Magistrate. There is already a crime registered

as Crime No.378/2019 against the 5th respondent. The Puthunagaram Police informs us that a fresh crime has been registered against the 5th

respondent. Now that the detenue has reached the age of majority and she has expressed her desire to go with the mother of the 5th respondent and

also considering the fact that she is pregnant, we are of the opinion that the detenue can be allowed to go with the mother of the 5th respondent. We

make it clear that we have not observed anything on the crimes registered against the 5th respondent and such proceedings would be independent of

any observations herein, which are in the context of the free will expressed by a major woman.

Writ Petition (Crl.) stands closed.