IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(Crl.).No. 281 of 2009(S) --------------------------- PETITIONER: --------------- SALIM, S/O.ABOOBACKERKUNJU, AGED 37 YEARS, KODIYIL VEEDU,KADAPPA MURI,MYNAGAPPALLY VILLAGE KOLLAM. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENTS: ------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE KOLLAM. 3. CIRCLE INSPECTOR OF POLICE KARUNAGAPPALLY. 4. SUB INSPECTOR OF POLICE SASTHAMKOTTA POLICE STATION, SASTHAMKOTTA. 5. THAHIRA, W/O. SALIM, D/O.LAILA, OOTTUVETTATH HOUSE, KOYIVILA PO, KOLLAM DISTRICT. GOVERNMENT PLEADER SHRI K.J.MOHAMMED ANZAR FOR R1 TO R3 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.281 OF 2009 ----------------------------------------------------- DATED THIS THE 15TH DAY OF SEPTEMBER, 2009 J U D G M E N T Basant, J. This order must be read in continuation of the earlier orders passed resting with the order dated 7th September, 2009. The petitioner has come to this court with this application for issue of a writ of habeas corpus complaining that his wife, the 5th respondent and their child Saheer aged seven years are missing. 2. Today, when the case is called, the petitioner and his counsel are present. The 5th respondent and her counsel are present. Along with the 5th respondent her father Isahaq has also come before this Court. The child Saheer is also produced by the 5th respondent. It is submitted that the petitioner Salim is the nephew -i.e., sister's son of the said Isahaq, the father of the 5th respondent. 3. At the Bar, it is submitted that the parties have now talked over the matter and a harmonious settlement has been reached. They submit that the 5th respondent Thahira will now W.P.(Crl)No.281/09 -2- return from Court along with her father Isahaq. The child of the petitioner and the 5th respondent Thahira - Saheer by name aged seven years is permitted to return from Court along with his father, the petitioner herein. 4. We have interacted with the petitioner, the 5th respondent, her father Isahaq and the child in the Chamber in the presence of their counsel. We are satisfied that the parties have come to this arrangement willingly and voluntarily. We are satisfied that the said arrangement reached by the parties can be accepted and appropriate directions can be issued. The following directions are issued as agreed. 5. This Writ Petition is accordingly allowed in part as agreed. (1) The child of Salim, the petitioner and the 5th respondent Thahira - Saheer aged seven years is permitted to leave the Court along with the petitioner herein. (2) The 5th respondent Thahira is permitted to leave the Court along with her father Isahaq. W.P.(Crl)No.281/09 -3- 6. No further directions are necessary. It is submitted by the learned counsel for the petitioner that after the last date of posing O.P.No.915/09 and I.A.No.2229/09 have been filed before the Family Court, Kollam. These petitions are filed by the petitioner for custody/interim custody of his son Saheer. Inasmuch as the 5th respondent has willingly handed over the child to the petitioner herein, the petitioner submits that appropriate submissions shall be made before the Family Court, Kollam on 19.9.2009, the date to which the case is posted, so that the said proceedings can be closed as unnecessary. That submission is recorded. 7. Give copy of this judgment to both counsel. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl)No.281/09 -4- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.281 OF 2009 ----------------------------------------------------- DATED THIS THE 7TH DAY OF SEPTEMBER, 2009 O R D E R 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 wife, the 5th respondent and minor child born to him in his relationship with the 5th respondent. 2. According to the petitioner, he is employed abroad. He was arranged to come back to India. He has informed the same to his wife, the alleged detenue. She had promised to come to the airport to receive him. He came back on 29.6.2009. But, his wife did not come to receive him at the airport. From 28.6.2009, his wife along with the younger child - a boy by name Saheer aged seven years is missing. Complaint filed by him before the police did not produce any results and it is in these circumstances that the petitioner came to this Court with this petition. W.P.(Crl)No.281/09 -5- 3. This petition was filed on 16.7.2009. It was admitted on 17.7.2009. Orders were passed on 24.7.2009, 3.8.2009 and 17.8.2009. The wife of the petitioner- the 5th respondent and the child were not traced. Issuing directions to the police, the case was posted to 8.9.2009. 4. Today, the matter has been called at the instance of the learned Government Pleader. The petitioner and his counsel are present. The 5th respondent along with her counsel is present. She has brought along with her, her minor child Saheer aged seven years. 5. The alleged detenue submits that she is not under detention or confinement by anyone. Her child is also not under detention or confinement by anyone. She submits and the learned Government Pleader endorses the submission that she and her child were produced before the Magistrate having jurisdiction on 26.8.2009 and they were permitted by the learned Magistrate to leave from the Court. It is in these circumstances that the 5th respondent along with the minor child has appeared before this Court. W.P.(Crl)No.281/09 -6- 6. We have interacted with the 5th respondent. The 5th respondent asserts that she and her child are not under illegal confinement or detention by anyone. They may be permitted to leave the Court on their own, submits the 5th respondent through her counsel. 7. According to the petitioner, there is some misery behind the disappearance of the petitioner. The petitioner apprehends that the 5th respondent may abscond again, if appropriate safeguards are not provided. The petitioner wants to move the Family Court for appropriate further orders. According to the petitioner, the 5th respondent is not having any disclosed place of residence. The 5th respondent asserts that she is now residing along with a friend Smitha, wife of Gopakumar, Noushad Manzil, Mukhathala, Umayanelloor. The learned counsel for the petitioner only prays that the case may be posted to a week and in the meantime, necessary steps can be taken by the petitioner to verify the correctness of statement of the 5th respondent that she is residing in the said address. The petitioner wants to take appropriate steps before the Family Court to get the custody of W.P.(Crl)No.281/09 -7- the minor child also, submits the learned counsel for the petitioner. 8. In the peculiar facts and circumstances of the case, we are satisfied that the case can be adjourned to 15.9.2009 with directions to the 5th respondent to appear in Court and produce the minor child on that date. Appropriate further directions shall be issued on that date. 9. Call on 15.9.2009. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn W.P.(Crl)No.281/09 -8- R.BASANT & M.C.HARI RANI, JJ. -------------------------------------------------- W.P.(Crl.)No.281 OF 2009 ----------------------------------------------------- DATED THIS THE 3rd DAY OF AUGUST, 2009 O R D E R Basant, J. This order must be read in continuation of the order dated 24.7.2009. The petitioner, a person employed abroad, had come to India on 29.6.2009. His wife along with the seven year old child was expected to receive him at the Airport. From that date, both have been missing. The petitioner lodged a complaint on 1.7.2009 and a crime has accordingly been registered. The grievance of the petitioner primarily is about the disappearance/taking away of his minor child aged seven years. 2. The learned Government Pleader on behalf of the 4th respondent who is conducting the investigation now submits that though active efforts have been taken for the proper conduct of the investigation from 1.7.2009, the police have not been able to trace the 5th respondent or the minor child so far. Active efforts W.P.(Crl)No.281/09 -9- are afoot and the police expect to trace the 5th respondent and the missing child as expeditiously as possible, submits the learned Government Pleader. 3. We deem it necessary that the 2nd respondent must be directed to personally monitor the investigation and ensure that the 5th respondent and the missing child are traced as expeditiously as possible. We accept the request of the learned Government Pleader made on behalf of the present Investigator and post the case to 17.8.2009. But, we peremptorily direct the 2nd respondent, Superintendent of Police to ensure that the investigation is personally monitored by him and ensure that the missing child and the 5th respondent are traced by the next date of posting. The learned Government Pleader shall communicate this direction to the 2nd respondent forthwith. If the 5th respondent and the child were traced before the next date of posting, they shall forthwith be produced before the learned Magistrate having jurisdiction. If the 5th respondent and the child are not traced by the next date of posting, the 2nd respondent shall appear before this Court personally on 17.8.2009 and shall W.P.(Crl)No.281/09 -10- file a report about the steps taken for the conduct of the investigation and the clues received and results achieved. 4. Call on 17.8.2009. 5. Handover a copy of this order to the learned Government Pleader. R.BASANT, JUDGE. M.C.HARI RANI, JUDGE. dsn