IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(Crl.).No. 523 of 2009(S) --------------------------- PETITIONER(S): --------------- ABDUL RASHEED.A, AGED 43 YEARS, S/O.MOHAMMED, NELLIKATHODI HOUSE, MUTHUVALLUR-P.O, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.P.VIJAYA BHANU SRI.P.VENUGOPAL (1086/92) RESPONDENT(S): --------------- 1. E.NISARALI, AGED ABOUT 20 YEARS, S/O.MUHAMMEDKUTTY, EDATHODI HOUSE, KANKADI, MUTHUVALLUR-P.O, KONDOTTY, MALAPPURAM DISTRICT. 2. BEERAYI UMMA, W/O.MUHAMMEDKUTTY, EDATHODI HOUSE, KANKADI, MUTHUVALLUR-P.O, KONDOTTY, MALAPPURAM DISTRICT. 3. IMBICHI BAVA, AGED ABOUT 22 YEARS, S/O.ABDURAHIMAN, KANNAPPATHODI HOUSE, KALLAMPARA, PERUMUKHAM, FEROKE-P.O, KOZHIKODE DISTRICT. 4. SHAKIR.M.C, AGED ABOUT 2O YEARS, S/O.SALEEM, KAIPARAMBA HOUSE, EDDAPARAMBA, KUZHIMANNA-P.O, KONDOTTY, MALAPPURAM DISTRICT. 5. SUBAIR.T, AGED ABOUT 30 YEARS, S/O.BEERAN, PEEDIKATHODI HOUSE, NEERAD, MUTHUVALLUR-P.O, KONDOTTY, MALAPPURAM DISTRICT. -: 2 :- 6. ABDURAHIMAN, KANNAPPATHODI HOUSE, KALLAMPARA, PERUMUKHAM, FEROKE-P.O, KOZHIKODE DISTRICT. 7. SUB INSPECTOR OF POLICE, KONDOTTY POLICE STATION, MALAPPURAM DISTRICT. 8. CIRCLE INSPECTOR OF POLICE, KONDOTTY CIRCLE, KONDOTTY, MALAPPURAM DISTRICT. 9. SUPERINTENDANT OF POLICE, MALAPPURAM DISTRICT. BY G.P. SRI. K.S. SIVAKUMAR. ADV. SRI.BABU S. NAIR FOR R4 SRI.VINOD VALLIKAPPAN FOR R5 & 6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 523 of 2009-S ------------------------------------------------- Dated this the 23rd day of December, 2009 JUDGMENT Basant,J. This judgment must be read in continuation of our earlier orders resting with orders dated 16/12/09 and 17/12/09. 2. The alleged detenue - a minor girl - born on 7/7/92, was produced before this Court on 16/12/09. Thereafter, as desired by her, she was sent along with her father - the petitioner herein. The case was posted to this date to ascertain the response, if any, of the 1st respondent. The 1st respondent, the person who had allegedly kidnapped her, has not entered appearance. His mother - 2nd respondent, has entered appearance. Last time, the learned counsel for the 2nd W.P.(Cri) No. 523 of 2009 -: 2 :- respondent was directed to ascertain whether the 1st respondent wants to make any submission. The learned counsel submits that he has no instructions on that aspect. 3. The alleged detenue has already been traced. She has been sent along with her father - the petitioner herein. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition now. The alleged detenue, who has come today along with the petitioner, expresses her wish and desire that she may be sent back along with the petitioner herein, her father and guardian. 4. This writ petition is, in these circumstances, allowed. The alleged detenue - the minor girl, who is present in court, is permitted to return from Court along with the petitioner herein - her father and guardian, as desired by her. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 523 of 2009 -: 3 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 523 of 2009-S ------------------------------------------------- Dated this the 17th day of December, 2009 ORDER Basant,J. The learned counsel for the petitioner, the learned counsel for respondents 4, 5 and 6 and also the learned counsel for the 2nd respondent are present. The case has already been posted to 23/12/09 with directions to the petitioner to appear along with the alleged detenue on that date. The 1st respondent - the son of the 2nd respondent, has now been arrested and remanded to custody, it is reported. The learned counsel for respondents 4, 5 and 6 submit that they have nothing more to submit. 2. Call this petition again on 23/12/09. If the 2nd respondent wants to make any submission on behalf of herself or on behalf of her son - the 1st respondent, such submissions can W.P.(Cri) No. 523 of 2009 -: 4 :- be made on that date. The learned counsel for the 2nd respondent is requested to ensure that the 1st respondent - the son of the 2nd respondent, appears before this Court on the next date of posting and makes his submissions, if any. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/ W.P.(Cri) No. 523 of 2009 -: 5 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 523 of 2009-S ------------------------------------------------- Dated this the 16th day of December, 2009 ORDER Basant,J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his minor daughter - Shahla Fasmi, a student of Plus One course, born on 7/7/92. She was allegedly missing from 26/11/09. A crime was registered as Crime No.479/09 of the Kondotty Police Station on 27/11/09. As the alleged detenue was not traced till 8/12/09, the petitioner came to this Court with this petition for issue of a writ of habeas corpus. This petition was admitted on the same day and notice was ordered to the respondents. 2. The matter came up for hearing on 11/12/09. This order must be read in continuation of the order dated 11/12/09. W.P.(Cri) No. 523 of 2009 -: 6 :- 3. Today, the case has been called at the request of the learned Government Pleader. The learned Government Pleader reports that the alleged detenue and the 1st respondent had appeared before the learned Judicial Magistrate of the First Class, Malappuram, on 15/12/09. The learned Magistrate ordered that the girl be sent to the Rescue Home at Tavannoor. But at that juncture, the Sub Inspector of Police, Kondotty, informed the learned Magistrate that the production of the alleged detenue before this Court is necessary on 17/12/09. Accordingly, the learned Magistrate had handed over the minor girl/the alleged detenue to the police with a direction to produce her before this Court. It is, accordingly, that the girl has been produced today and the case has been advanced at the request of the learned Government Pleader. 4. We note that the respondents have been served; but they are not present before this Court. Obviously they can be expected to appear only on 17/12/09, the date to which the case is posted. 5. We interacted with the alleged detenue in the Chamber and the alleged detenue states that she is now willing to return W.P.(Cri) No. 523 of 2009 -: 7 :- along with the petitioner - her father. Her mother has also come to this Court along with the petitioner. 6. We are not satisfied that final orders can or need be passed in this writ petition today. However, we are satisfied that the alleged detenue who has expressed her desire and willingness to return from Court along with the petitioner can be permitted to return along with the petitioner. The case shall be called tomorrow for hearing and submissions, if any, of the respondents. Thereafter, the case shall be posted to 23/12/09 on which day the alleged detenue shall be produced before this Court by the petitioner - her father. 7. Call this petition on 17/12/2009 as already scheduled. On that date the case shall be posted to 23/12/09 on which day the petitioner along with the alleged detenue shall appear before this Court. W.P.(Cri) No. 523 of 2009 -: 8 :- 8. The petitioner undertakes that the marriage of the detenue shall not be performed or solemnized before the next date of posting. We say so because, we are given to understand that the alleged detenue had run away from home because her marriage was proposed to take place allegedly without her consent. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge W.P.(Cri) No. 523 of 2009 -: 9 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 523 of 2009-S ------------------------------------------------- Dated this the 11th day of December, 2009 ORDER Basant,J. The petitioner has come to this Court with this petition for issue of a writ of habeas corpus to search for, trace and produce his minor daughter - Shahla Fasmi, a student of Plus One course, born on 7/7/92. The minor girl - the alleged detenue, has been missing from 26/11/09. It is the apprehension of the petitioner that his minor daughter has been kidnapped by the 1st respondent with the active assistance, collusion and support of respondents 2 to 6. A complaint was lodged before the police. A crime was registered as Crime No.479/09 of the Kondotty Police Station on 27/11/09. The petitioner has come to this Court with the grievance that the police are not taking necessary steps to W.P.(Cri) No. 523 of 2009 -: 10 :- trace the alleged detenue. 2. We share the anxiety and concern of the petitioner. His minor daughter is missing and he apprehends that she has been kidnapped. The system and police must definitely share the anxiety and concern of the unfortunate father who finds his minor daughter missing. 3. The 2nd respondent has entered appearance through counsel. The learned counsel submits that the 2nd respondent is equally aggrieved as her son - the 1st respondent, is also missing and has not been traced. A counsel appeared for respondents 5 and 6. The learned counsel submits on behalf of respondents 5 and 6 that they are also not aware of the precise whereabouts and location of the 1st respondent and the alleged detenue now. The 4th respondent has appeared before Court. He states that it is true that he is the driver of the vehicle in which the 1st respondent and the alleged detenue travelled to Madurai. He had left them there and had returned. He has extended all co- operation to the police in their attempt to trace the alleged detenue and the 1st respondent. He does not also know their whereabouts now, submits the counsel. W.P.(Cri) No. 523 of 2009 -: 11 :- 4. The learned Government Pleader submits that the police is conducting active investigation; but unfortunately the alleged detenue and the 1st respondent have not been traced so far. The learned Government Pleader submits that if some further time were granted to the police, they shall ensure that the alleged detenue is traced and produced before court. 5. The minor child has been missing from 26/11/09. Crime was registered as early as on 27/11/09. We are disturbed to note that the so-called active investigation by the police has not so far led to the tracing of the alleged detenue and the 1st respondent. However, we agree that some further time can be given to the police to complete the investigation. But we deem it necessary to peremptorily direct the respondents 7 to 9 to conduct a proper and efficient investigation and ensure that the alleged detenue is traced and produced before court before the next date of posting. In the peculiar facts and circumstances of this case, we direct the 9th respondent - the Superintendent of Police, Malappuram District, to personally supervise and monitor the investigation and ensure that tangible results are produced by the next date of posting. W.P.(Cri) No. 523 of 2009 -: 12 :- 6. Call again on 17/12/09. The police shall ensure that the alleged detenue is traced by that date. If traced, she shall promptly be produced before the learned Magistrate having jurisdiction. The learned Magistrate shall pass appropriate orders in accordance with law regarding the custody of the minor child. The learned Magistrate shall also ensure that the child is available before this Court on the next date of posting i.e., 17/12/09. If the child is not traced by that date, the 9th respondent shall file a statement before this Court explaining to this Court the steps taken, the clues collected and the stage of investigation. We make it clear that the 9th respondent to facilitate a proper investigation shall be at liberty to entrust the investigation to more senior hands or any specialised agency in his discretion if he feels such entrustment of investigation to be necessary. R. BASANT (Judge) M.C. HARI RANI W.P.(Cri) No. 523 of 2009 -: 13 :- (Judge) Nan/