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. 255 of 2009(S) --------------------------------------- PETITIONER(S): ----------------------- MENILUS THAMBAN, S/O.THANKAPPAN, AGED 33 YEARS, PARAVILA SHARON HOUSE, PERUMPUZHA THAZHAM CHERRY, ELAMPALLUR VILLAGE, KOLLAM DISTRICT. BY ADV. MR.S.SUDHEESHKAR MR. K.SIJU RESPONDENT(S): -------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, KOLLAM DISTRICT. 2. THE SUB INSPECTOR OF POLICE, KUNDARA. * ADDL. R3 IMPLEADED ADDL.R3: DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. * ADDL. R3 IS IMPLEADED AS PER ORDER DATED 17/08/2009 IN I.A.10382/2009. R1 TO ADDL.R3 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. 255 of 2009(S) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR DATED 08/06/2009 IN CRIME NO.570/2009 OF KUNDARA POLICE STATION. EXT.P2: COPY OF THE CRIME MEMO IN CRIME NO.570/2009 OF KUNDARA POLICE STATION DATED 08/06/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. ================================================== W.P.(Crl.)255 of 2009 ================================================== Dated this the 15th day of February, 2010. JUDGMENT Thottathil B.Radhakrishnan, J. 1.Read the earlier orders. 2.It appears that the petitioner's wife Nisha, aged 24 years, employed as General Nurse in a hospital in Kundara, Kollam, is missing. The reports of the police appear to suggest that there may be some truth in the version of the petitioner that his wife is now in the company of one Tony, who is not a party to this writ petition. However, the statement by the police appear to suggest that, as of now, there is not much of room for this Court to assume that the police is not taking steps to trace the alleged detenue. At any rate, even the petitioner does not have an allegation that the said person is under the WP(Crl.)255/09 -:2:- detention of either the State police or any of the respondents. All that needs to be ensured is that the investigation in the case registered as Crime No.570 of 2009 has to be taken to its logical end, in accordance with law. We, accordingly, being satisfied that the alleged detenue is not under the detention of the respondents, close this writ petition with liberty to the police to proceed with the investigation, in accordance with law and also for the petitioner to move the competent authorities, including courts, at the appropriate time, if he has continued grievance that the investigation is not proceeding, in accordance with law. Thottathil B.Radhakrishnan, Judge. sl. P.S.Gopinathan, Judge.