IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(Crl.).No. 426 of 2009(S) --------------------------- PETITIONER(S): --------------- SURESH BABU, S/O.SAMIKUTTY, AGED 50 YEARS, MULLASSERI HOUSE, CHERUVANNUR, KOZHIKODE. BY ADV. SRI.AVM.SALAHUDIN RESPONDENT(S): --------------- 1. BETHESDA CHARITABLE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE, BETHESDA COMPOUND, P.O.PUTHUR, THRISSUR-680014. 2. THRESIA DAS, PH.D.MANAGING TRUSTEE, BETHESDA COMPOUND, P.O.PUTHUR, THRISSUR-680014. 3. SUB INSPECTOR OF POLICE, OLLUR, THRISSUR. 4. SUPERINTENDENT OF POLICE, THRISSUR. R1, R2 BY ADV. SRI.V.SANTHARAM SRI.ANTO THOMAS SRI.LAKSHMEESH.S.KAMATH R3, R4 BY GOVT. PLEADER SRI.R.LAKSHMI NARAYAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPCR.426/09 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE RECEIPT FOR RS.2000/- REMITTED BY THE PETITIONER. EXT.P2: TRUE COPY OF THE FIR BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(a): TRUE COPY OF THE RESIDENT'S RECORD DATED 15.8.09 OF MR.SUJITH. EXT.R1(b): TRUE COPY OF THE COMPLAINT DATED 21.8.09 ALONG WITH THE ACKNOWLEDGEMENT. EXT.R1(c): TRUE COPY OF THE RELEVANT PAGE OF THE VODAFONE NO.9846801791. EXT.R1(d): TRUE COPY OF THE WALL POSTER PASTED BY RESPONDENTS ON VARIOUS PLACES IN THRISSUR AND PALAKKAD. EXT.R1(e): TRUE COPY OF THE PAPER ADVERTISEMENT PUBLISHED BY RESPONDENTS IN MATHRUBHOOMI DAILY ON 7.9.09. EXT.R1(f): TRUE COPY OF THE PAPER ADVERTISEMENT PUBLISHED BY RESPONDENTS IN RAKSHTRA DEEPIKA ON 27.8.09. EXT.R1(g): TRUE COPY OF THE PAPER ADVERTISEMENT PUBLISHED BY RESPONDENTS IN MALAYALA MANORAMA DAILY ON 4.11.09. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN & P.S.GOPINATHAN, JJ. ------------------------------------------- W.P(Crl).No.426 OF 2009 ------------------------------------------- Dated this the 2nd day of March, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. The statement of the Deputy Superintendent of Police is on record. It appears that the petitioner's brother's son was entrusted to respondents 1 and 2, he being a deaf and dumb child. It is also stated that he is mentally challenged. Respondents 1 and 2 state that the said boy Sajith jumped out of the home under their control and has apparently fled. They immediately made a complaint to the police. With the materials on record, we are satisfied that sufficient investigation is going on and all that is required is vigorous investigation continues, particularly in view of the DY.S.P.'s statement that the police hopes to solve the case in near future. Recording this submission and leaving open the petitioner's right to move the appropriate court in case of any further complaint, with the Mat.A.426/09. 2 passage of time, regarding laxity in investigation. This case is hence closed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.S.GOPINATHAN, Judge. kkb.3/03.