IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(Crl.).No. 401 of 2009(S) --------------------------- PETITIONER : --------------- HAMSA, S/O.KOCHUMAKKAR, AGED 41 YEARS, RESIDING AT KOPPARAMBIL VEEDU, CHELAKKULAM KARA, VENGOLA P.O., PATTIMATTOM VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, (RURAL), ERNAKULAM, ALUVA, ERNAKULAM DISTRICT. 3. THE DEPUTY SUPERINTENDENT OF POLICE, ALUVA. 4. THE SUB INSPECTOR OF POLICE, STATION HOUSE OFFICER, KUNNATHUNADU. 5. AJESH, (AGED ABOUT 30 YEARS), S/O.THANKAPPAN, RESIDING AT POOKANNI PARAMBIL, CHOORAKODE KARA, (KUNNATHUNADU POLICE STATION LIMITS), ERNAKULAM DISTRICT. 6. THANKAPPAN, (AGE AND FATHER'S NAME NOT KNOWN), RESIDING AT POOKANNI PARAMBIL, CHOORAKODE KARA, (KUNNATHUNADU POLICE STATION LIMITS), ERNAKULAM DISTRICT. GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN ADV. SRI.C.A.NAVAS FOR R5-6 SRI.T.K.SASIKUMAR FOR R5-6 SMT.C.S.SIMI FOR R5-6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.401 of 2009 ------------------------------------- Dated this the 2nd day of November, 2009 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us in this case resting with the order dated 23.10.09. 2. Today when the case is called, the petitioner and his wife are present along with his counsel. The 5th and 6th respondents have come to Court along with the alleged detenue. We interacted with the alleged detenue. She sticks to her stand that she wants to go with the 5th respondent. The 5th and 6th respondents submit that they are willing to take the alleged detenue with them. We are informed that the alleged detenue and the 5th respondent have already given notice under the Special Marriage Act to get their marriage solemnised and registered under the Special Marriage Act. This notice has been given on 24.10.09. The marriage can now be solemnised on any date after 24.11.09, submits the counsel for the 5th and 6th respondents. W.P(Crl.) No.401 of 2009 2 3. We interacted with the petitioner and his wife. They continue to stick to the stand taken by the petitioner on the last date of posting that the alleged detenue can now go with the 5th and 6th respondents and they do not want to have anything with such relationship between the alleged detenue and the 5th respondent. They submit that they are unable to accept the relationship and consequently no harmonious settlement is possible. 4. The learned counsel for the 5th and 6th respondents submits that the 5th and 6th respondents undertake that they will get the marriage solemnised in accordance with the provisions of the Special Marriage Act and shall not in any way interfere with the religious practices of the alleged detenue, who shall have complete freedom with regard to her religious preferences. 5. We are satisfied, in these circumstances, that no further directions are necessary in this Writ Petition. This Writ Petition can, in these circumstances, be dismissed. This Writ Petition is accordingly dismissed. However, we are satisfied that to ensure that a legal matrimony exists between the alleged detenue and the 5th respondent, they can be directed to appear before this Court after 24.11.09 on which day a certificate to W.P(Crl.) No.401 of 2009 3 confirm solemnisation/registration of their marriage under the provisions of the Special Marriage Act must be produced. 6. Call this petition on 01.12.09. The alleged detenue is permitted to leave the Court along with respondent Nos.5 and 6. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/- W.P(Crl.) No.401 of 2009 4 R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.401 of 2009 ------------------------------------- Dated this the 13th day of October, 2009 ORDER BASANT, J. The petitioner has come to this Court for issue of a writ of habeas corpus to search for, trace and produce his daughter Sajana Hamsa, aged 19 years (date of birth is 13.05.1990). A crime has been registered as Crime No.660 of 2009 of Kunnathunadu Police Station under the caption `man missing'. Investigation is in progress. The petitioner has come to this Court with a grievance that his daughter has not been traced. W.P(Crl.) No.401 of 2009 5 He apprehends that his daughter is under the illegal confinement of the 5th respondent with the active collusion of the 6th respondent, the father of the 5th respondent. 2. Today when the case is called, the 6th respondent has entered appearance through counsel. He is personally present. The 5th respondent could not be served in person. But service has been effected on his mother. The learned Government Pleader submits that investigation is actively in progress. But the police have not been able to trace the alleged detenue or the 5th respondent. The 6th respondent, who has entered appearance through counsel, has filed an affidavit. He is present before Court and it is submitted that he is also aggrieved by the disappearance of his son, the 5th respondent. He has also lodged a complaint before the police. He also wants the assistance of the police to trace his son. 3. The learned Government Pleader submits that the police need some further time to complete the investigation. The police may be given a reasonable further time to complete the investigation, submits the learned Government Pleader. 4. We are satisfied that the request of the learned Government Pleader can be accepted. However, we deem it W.P(Crl.) No.401 of 2009 6 necessary to direct the 2nd respondent, the Superintendent of Police (Rural), Ernakulam, to ensure that he personally monitors and supervises the investigation and is able to produce results in the investigation by the next date of posting. 5. Call on 23.10.09. Every endeavour shall be made by respondent Nos.1 to 4 in the meantime to trace the alleged detenue and the 5th respondent. The 2nd respondent shall personally supervise and monitor the investigation and ensure that success is achieved in tracing the alleged detenue and the 5th respondent by the next date of posting, ie.23.10.09. 6. If by the next date of posting, ie.23.10.09, the alleged detenue is not raced, the 2nd respondent shall file a statement explaining to the Court the steps taken by him to ensure that a proper investigation is conducted. We may observe that, if necessary, the 2nd respondent must deploy more experienced and senior officials of the police to ensure that a proper investigation is conducted. Needless to say, if the alleged detenue is traced before 23.10.09, she shall be produced before the Magistrate having jurisdiction, who shall pass appropriate orders with directions to the alleged detenue to appear before this Court on 23.10.09. W.P(Crl.) No.401 of 2009 7 (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-