IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(Crl.).No. 74 of 2009(S) -------------------------- PETITIONER: --------------- DEVADAS.G.,S/O. GANGADARAN 'RAGAM' MUTHUKKATTUKARA, NOORANAD. BY ADV. SRI.RASHEED C.NOORANAD RESPONDENT(S): --------------- 1. SAJEEV, MANNUPADEETTATHIL HOUSE, VETTUMENI, HARIPAD. 2. SUB INSPECTOR OF POLICE NOORANAD. 3. CIRCLE INSPECTOR OF POLICE, MAVELIKKARA. ADDlL.R4. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. ADDL.R5. THE SUPERINTENDENT OF POLICE, CBCID, KOLLAM. (Addl.R4 & R5 are suo motu impleaded as per order dated 23.03.09 in WPCR.74/2009) ADV. SRI.B.RENJITHKUMAR FOR R1 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl) No.74 of 2009 ------------------------------------- Dated this the 21st day of May, 2009 JUDGMENT BASANT, J. The petitioner came to this Court with this Writ Petition complaining that his wife and younger son, a minor, were missing. He was employed abroad. His wife was residing along with this two children in the family house. His wife-Sreelatha along with minor younger child-Akshay Dev were found missing. The petitioner's brother lodged a complaint before the police and a crime was registered. Alleging that no proper investigation was conducted, this Writ Petition was filed. 2. This Court earlier directed that the investigation be conducted by the Crime Branch C.I.D. The Crime Branch C.I.D has now traced the wife of the petitioner and his younger child. They were produced before the learned Magistrate. The child was released to the custody of the brother of the petitioner by the learned Magistrate as the petitioner has already returned to his place of employment abroad. The wife was directed to be produced before this Court. She has been produced before this Court and a report has been filed by the Dy.S.P, Crime Branch W.P(Crl) No.74 of 2009 2 C.I.D, Kollam, who is in charge of investigation. He is present in this Court also. 3. We have interviewed the missing woman-Sreelatha produced before us. She has no complaint against anyone. She has no grievance that she is or was illegally detained by any person. She submits that she had gone to Gauhatti in Assam along with her child on her own and she was not abducted by anyone. She prays that she may be set free. 4. The alleged detenu Sreelatha has no relatives to look after her. She submits that her relatives are not willing to take care of her or look after her. 5. We are, in these circumstances, satisfied that it is not necessary to release her now. We are satisfied that her further detention by this Court is not necessary. She shall be produced before the learned Magistrate at 11 a.m tomorrow (22.05.2009). The learned Magistrate shall pass appropriate orders considering the facts and circumstances in the crime registered as Crime No.637 of 2008 of Nooranad Police Station subsequently transferred to the Crime Branch C.I.D. If her further detention is not necessary, she shall be set at liberty by the learned Magistrate. W.P(Crl) No.74 of 2009 3 6. Hand over a copy of this judgment to the learned Public Prosecutor who shall ensure that the same is produced before the learned Magistrate when the alleged detenu Sreelatha is produced before the learned Magistrate on 22.05.09. The action taken by the learned Magistrate shall be conveyed to this Court immediately. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-