IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(Crl.).No. 87 of 2010(S) -------------------------- PETITIONER: --------------- VELAYUDHAN K., KUNJUPILLAI, AJITHA MANDIRAM, VAKKAM MUKKU, ANCHAL VILLAGE, THAZHAMEL MURI, KOLLAM. BY ADV. SRI.VIKANTH K.PUTHUMANA SRI.R.SURESH (KATTAYAM) RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM. 4. SUNDARESHAN, S/O.KRISHNAN, SURYALAYAM, AGASTYAKODU MURI, ANCHAL VILLAGE, NEDIYARA P.O., KOLLAM. 5. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, KOLLAM. SR. GOVERNMENT PLEADER SRI.K.J.MUHAMMED ANZAR FOR R1-3 & 5 SRI.SYAM J SAM FOR R5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & K.SURENDRA MOHAN, JJ. *********************** W.P(Crl) No.87 of 2010 ***************************** Dated this the 2nd day of November, 2010 JUDGMENT BASANT, J. There is no representation for the petitioner today also. This judgment must be read in continuation of the earlier orders passed in this matter. The grievance of the petitioner is that his son, the alleged detenu, has been missing from 16.01.2010. The learned Government Pleader submits and the statements filed by the Investigating Officers from time to time reveal that in the perception of the Investigating Officers, there is no element of illegal detention or confinement. The matter stands posted to this day for hearing arguments. There is no representation for the petitioner today also. Same was the situation on the last date of posting also. Inference is irresistible that the petitioner is not interested in prosecuting this Writ Petition. We record the undertaking of the learned Government Pleader that the investigation into the man missing shall be continued with all earnestness and the same shall be completed as expeditiously as possible. Every effort shall be made to trace the alleged detenu, submits the learned Government Pleader on behalf of the W.P(Crl.) No.87 of 2010 2 Investigating Officer. We are satisfied, in these circumstances, that there is absolutely no necessity to invoke the powers under Article 226 of the Constitution to issue a writ of habeas corpus. It is sufficient to direct that the investigation into Crime No.68 of 2010 of Anchal Police Station, must be completed expeditiously and properly. 2. This Writ Petition is, in these circumstances, dismissed accepting the submission made by the learned Government Pleader. We make it clear that the option of the petitioner to approach this Court under Section 482 Cr.P.C, if there be any inadequacy in the further investigation, shall remain unfettered by the dismissal of this Writ Petition. (R.BASANT, JUDGE) (K.SURENDRA MOHAN, JUDGE) rtr/ W.P(Crl.) No.87 of 2010 3 W.P(Crl.) No.87 of 2010 4 R.BASANT & M.L.JOSEPH FRANCIS, JJ. *********************** W.P(Crl) No.87 of 2010 ***************************** Dated this the 27th day of October, 2010 ORDER BASANT, J. Statement has been filed by the 2nd respondent explaining the steps taken. The learned Government Pleader points out that there are no elements of illegal confinement or detention and no further directions are necessary in this petition under Article 226 of the Constitution. There is no representation for the petitioner. 2. Call for disposal finally to 29.10.2010. (R.BASANT, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) rtr/ W.P(Crl.) No.87 of 2010 5 W.P(Crl.) No.87 of 2010 6 R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.87 of 2010 ********************* Dated this the 8th day of June, 2010 ORDER BASANT, J. There is no representation for the petitioner. Statement filed by the Investigating Officer is received on file. The alleged detenu has been missing from 16.01.2010. The report shows that though investigation is in progress, the alleged detenu has not been traced yet. 2. We deem it necessary, in these circumstances, to direct the 2nd respondent to personally monitor and supervise the W.P(Crl.) No.87 of 2010 7 investigation and ensure that results are produced by the next date of posting. 3. It is accordingly directed that the 2nd respondent, the Superintendent of Police, shall now personally monitor and supervise the investigation. 4. Call this petition again on 12.07.2010. The 2nd respondent must leave no stone unturned to trace the alleged detenu and produce him before the Magistrate within that time. If the alleged detenu is not traced by that date, the 2nd respondent shall appear in person before this Court with the case diary and file a statement explaining to the Court the steps taken and the results achieved. 5. 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) rtr/