IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(Crl.).No. 229 of 2007(S) ------------------------------------- PETITIONER(S): ----------------------- NIRMALA, W/O. GIBSON, ELAYIL VEEDU, MULAGARA P.O.,ARUVIKAL , NEDUMANGAD TALUK. BY ADVS.MR.NAGARAJ NARAYANAN MR.SAIJO HASSAN MR.A.S.SABU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO HOME DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. SUB INSPECTOR OF POLICE, VILAPPILASAL POLICE STATION, VILAPPILASALA, THIRUVANANTHAPURAM. 4. SUB INSPECTOR OF POLICE, CRIME BRANCH ,CRIME INVESTIGATION DEPARTMENT, KAWDIAR,THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(CRL) NO.229/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE FIR DTD. 29.6.06. P2:- COPY OF THE REPRESENTATION DTD. 1.7.06 SUBMITTED TO THE 2ND RESPONDENT. P3:- COPY OF THE LETTER DTD. 29.7.06 INFORMING THAT THE INVESTIGATION HAS BEEN TRANSFERRED TO THE CRIME BRANCH. TRUE COPY P.S. TO JUDGE tss Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.).No.229 of 2007-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 15th day of February, 2010. Judgment Thottathil B.Radhakrishnan, J. Read the different orders passed earlier in this case. The petitioner states that her husband is missing since 27.6.2006. On the basis of an FI Statement, Crime No.42/2006 was registered by the Vilappilsala Police. The different statements on record show that investigation is going on. The investigations appear to have revealed that the alleged detenue had also certain criminal cases against him even on counts of cheating etc. Whatever that be, the allegations in the writ petition referable to the so-called activities of WPCR229/07 -: 2 :- the alleged detenue against liquor lobbies, do not generate confidence to issue any direction to the State police or the State Government to produce the body of the alleged detenue. There is no allegation that the said person is in the illegal custody of the State police or State Government. No other person is on the array. The investigation has revealed certain links or certain leads for continuing the investigation. The statements show that investigation is progressing. Polygraph test and other investigation tests have been resorted to. As of now, we do not find any ground to issue a writ in the nature of habeas corpus. This writ petition is accordingly dismissed without prejudice to the petitioner raising any complaint if she has, as against the investigation, with the progress of time before the appropriate court in accordance with law. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Sha/1602 Judge.