IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(Crl.).No. 513 of 2009(S) --------------------------- PETITIONER(S): --------------- G.KRISHNAN, AGED 55, S/O.GOVINDAN, 'GOVIND BHAVAN', JUBILEE ROAD, THALASSERY. BY ADV. SRI.K.S.MADHUSOODANAN SRI.K.VISWAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. SUPERINTENDENT OF POLICE, THALASSERY. (CORRECTED) 3. CIRCLE INSPECTOR OF POLICE, THALASSERY. 4. PRASANTH @ KARUVAN PRASANTH, S/O.BABU, CHENKALATH HOUSE, NAYANAR ROAD, PONNIYAM WEST, THALASSERY. BY G.P. SMT. SMITHA SUKUMAR. ADDRESS OF THE 2ND RESPONDENT IS CORRECTED AS THE SUPERINTENDENT OF POLICE, KANNUR, AS PER ORDER DATED 8/12/09 IN I.A.NO.15452/09. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 513 of 2009-S ------------------------------------------------- Dated this the 18th day of December, 2009 JUDGMENT 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 Ms.Reshma - a minor girl aged below 18 years - she having been born on 9/4/92. She was allegedly missing from 23/10/09 and the petitioner apprehended that she was being illegally detained by the 4th respondent - a person in the locality, who, according to the petitioner, has a questionable past. A crime was registered by the police. But, according to the petitioner, the necessary and efficient action was not taken by the police and it was that which obliged him to come to this Court with this petition on 3/12/09. W.P.(Cri) No. 513 of 2009 -: 2 :- 2. This petition was admitted on 4/12/09. This matter came up for hearing on 8/12/09. This judgment must be read in continuation of our earlier order dated 8/12/09. All the respondents have been served. The 4th respondent has not appeared before this Court. It is submitted at the Bar that he is involved in another crime and he has been arrested and detained in such crime. 3. Today, when the case is called, the petitioner and his wife are present. He is represented by a counsel. Along with them, the alleged detenue has also come to Court. 4. We permitted the alleged detenue to remain in the Chamber without opportunity for any one to influence or interact with her. After lunch recess, we interacted with the alleged detenue alone initially; but later, in the presence of the petitioner and his wife. The learned counsel for the petitioner and the learned Government Pleader were also present. 5. The alleged detenue is a minor girl who has not attained the age of majority. She was born on 9/4/92. The learned Government Pleader submits that after the filing of this case, on 9/12/09 the alleged detenue was traced and was produced before the learned Judicial Magistrate of the First Class, Thalassery. The learned Magistrate had entrusted the alleged detenue - the minor girl, to the custody of the petitioner and accordingly the minor girl has been with her father from that W.P.(Cri) No. 513 of 2009 -: 3 :- date. 6. In our interactions with the minor child, she states unambiguously that she is not under any illegal custody or detention and that she now wants to return along with her parents with whom she has come to Court today. She being a minor and we having satisfied ourselves that she is not under the illegal custody or detention of any one, we are satisfied that this writ petition can now be closed and there is no need to issue any further directions. 7. In the result: (a) This writ petition is allowed. (b) The alleged detenue Ms.Reshma, who has come to Court along with the petitioner and his wife - her parents, is permitted to leave the Court along with her parents with whom she has come to Court today. 8. The learned Government Pleader submits that the needful shall be done in accordance with law by the police in the crime that is already registered. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //true copy// P.S. to Judge W.P.(Cri) No. 513 of 2009 -: 4 :- R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 513 of 2009-S ------------------------------------------------- Dated this the 8th day of December, 2009 ORDER Basant,J. The 4th respondent has been served indirectly by service on his mother. There is no representation for the 4th respondent. The learned Government Pleader, on behalf of respondents 1 to 3, submits that Crime No.641/09 of the Thalassery Police Station was registered on 25/10/09 alleging the disappearance/missing of the minor daughter of the petitioner - Ms. Reshma by name. The learned Government Pleader submits that the police are effectively investigating into the crime; but they have not been able to trace the alleged detenue and the 4th respondent so far. The learned Government Pleader further submits that the 4th respondent is required to be arrested as an accused in Crime No.555/09 of the Thalassery Police Station registered under Sec.395 IPC. In these circumstances, the learned Government Pleader, on behalf of respondents 1 to 3, W.P.(Cri) No. 513 of 2009 -: 5 :- prays for further time for the Investigating Officer to complete the investigation and trace the alleged detenue and the 4th respondent. Every effort is being made and the police do expect to produce tangible results within a short period of time, submits the learned Government Pleader. 2. We note that the alleged detenue is a minor girl allegedly born on 9/4/92. The police must imbibe a sense of expedition and urgency and must duly take note of the anxiety and apprehensions of the petitioner. No stone should be left unturned by the police to trace the alleged detenue expeditiously. We accept the request of the learned Government for further time to trace the alleged detenue and the 4th respondent. But we are satisfied that appropriate directions must be issued to the 2nd respondent. The 2nd respondent described as the “Superintendent of Police, Thalassery”, is the Superintendent of Police, Kannur. We deem it necessary to issue specific directions to the 2nd respondent to personally supervise and monitor the investigation and ensure that tangible results are produced by the next date of posting. The 2nd respondent shall, if necessary, entrust the investigation to more senior and competent hands of any specialised agency if he feels the necessity for such entrustment. At any rate, we expect the 2nd respondent - the Superintendent of Police, to ensure that the alleged detenue is produced before the next date of posting. If W.P.(Cri) No. 513 of 2009 -: 6 :- the alleged detenue is traced before the next date of posting, she shall promptly be produced before the learned Magistrate who shall be at liberty to pass appropriate orders ensuring that the alleged detenue is available before this Court on the next date of posting. If she is not traced by the next date of posting, the 2nd respondent shall file a detailed statement explaining to this Court the steps taken, the clues collected and the results achieved. 3. Call on 18/12/2009. 4. Hand over a copy of this order to the learned Government Pleader for immediate communication to the 2nd respondent. R. BASANT (Judge) M.C. HARI RANI (Judge) Nan/