Vikram Das Kesavadas Chandrika vs District Police Chief, Thiruvananthapuram District, Pin 695042

Alexander Thomas, J

The prayers in the instant Writ Petition (Criminal) seeking for Habeas Corpus are as follows:

“i. Issue a writ of Habeas Corpus or other appropriate writ or order directing the Respondents to produce the detenue Gayathri Devi M G, aged 31 years, D/o. Muralidharan Nair, TC 399/2211, Sreevali, Attakulangara, Thiruvananthapuram, Pin Code-695 023 before this Hon'ble Court.

ii.Declare that the detention of the detenue Gayathri Devi M G, aged 31 years, D/o. Muralidharan Nair, TC 399/2211, Sreevali, Attakulangara, Thiruvananthapuram, Pin Code-695 023 by the 3rd respondent is illegal.

iii. Dispense with the production of vernacular documents produced along with this writ petition.

iv.Issue any other appropriate writ order or direction that this Hon'ble Court may in the interest of justice in this case.”

Heard Sri. Vishnu Das, learned counsel appearing for the petitioner, Sri. Saigi Jacob Palatty, learned Prosecutor appearing for official respondents 1 & 2 and Sri.R.V.Sreejith, learned counsel appearing for contesting respondent No. 3.

The case set up in the above Writ Petition (Criminal) is to the effect that, the petitioner herein, aged 44 years, is the alleged detenue's deceased mother's brother. The alleged detenue – Smt. M. G. Gayathri Devi, aged 31 years, D/o. Muralidharan Nair, had married the younger son of contesting respondent No.3. Further that, on 17.2.2023, one Smt.Devika, aged 24 years, wife of the elder son of R-3, had committed suicide in the residence of her husband and Ext.P-2 Crime No.215/2023 of Thiruvananthapuram Fort Police Station was registered under Sec.174 of the Cr.P.C., in relation to the unnatural death of Smt.Devika. That, the said crime incident has been widely reported, as evident from Ext.P-3 news report, etc. Further that, the petitioner got reliable information that the alleged detenue is missing from her marital home since 20.2.2023 and her whereabouts were not known even from the family sources of her husband and the petitioner, being the brother of the deceased mother of the alleged detenue, is concerned with the well being and safety of the alleged detenue, etc. It is on this factual premise that the above Writ proceedings has been initiated.

We had issued notice in this case on 6.3.2023 and had directed R-2 (SHO) to ensure the production of the alleged detenue – Smt. M.G.Gayathri Devi, aged 31 years, D/o. Muralidharan Nair, and niece of the petitioner herein, before the Secretary, District Legal Services Authority (DLSA), Thiruvananthapuram, to enable this Court to directly interact with her through video conferencing to be arranged by the DLSA. Accordingly, the alleged detenue has been produced and we interacted with her through the video conferencing arranged by the Secretary, DLSA, Thiruvananthapuram.

The alleged detenue – Smt. M.G.Gayathri Devi told us that, in view of the issues created out of the registration of the abovesaid crime on account of the unnatural death of her sister-in-law, she, with her husband and child, had decided to stay away from the husband's parental home for the time being and that, they were residing in a relative's house and that, she is not under the illegal detention of anyone, etc.

In view of the abovesaid submission of the alleged detenue, it can be seen that the factual plea set in this case regarding the alleged illegal detention of the alleged detenue is not tenable. On this sole ground, the plea for Writ of Habeas Corpus is liable to be rejected. In that view of the matter, it is ordered that the above Writ Petition (Criminal) will stand dismissed.