IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(Crl.).No. 272 of 2007(S) --------------------------- PETITIONER: ------------ SUBHASHITHAN.S, AGED 40 YEARS, S/O.SUKUMARAN, 'GURUKULAM, PUTHIYAVILA, PATTOLI MARKET P.O., KAYAMKULAM, ALLEPPEY DISTRICT - 690 531. BY ADV. SRI.S.ARUN RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, THIRUVANANTHAPURAM. 2. SUB INSPECTOR OF POLICE, KANAKAKKUNNU POLICE STATION, PUTHIYAVILA, PATTOLI MARKET P.O KAYAMKULAM, ALLEPPY DISTRICT - 690 531. 3. CIRCLE INSPECTOR OF POLICE, KAYAMKULAM. 4. DEPUTY SUPERINTENDENT OF POLICE, KAYAMKULAM. 5. ANILKUMAR, AGED 31 YEARS, S/O.SUKUMARAN, KAIMURI VADAKKATHIL, PUTHIYAVILA, PATTOLI MARKET P.O., KAYAMKULAM, ALLEPPY DISTRICT - 690 531. 6. SUKUMARAN, KAIMURI VADAKKATHIL, PUTHIYAVILA, PATTOLI MARKET P.O KAYAMKULAM, ALLEPPY DISTRICT - 690 531. 7. SARASAMMA, W/O.SUKUMARAN, KAIMURI VADAKKATHIL, PUTHIYAVILA, PATTOLI MARKET PO KAYAMKULAM, ALLEPPY DISTRICT - 690 531. - 2- 8. AJITHA, W/O.SHAJI, NANDANAM, PUTHIYAVILA, PATTOLI MARKET PO, KAYAMKULAM, ALLEPPY DISTRICT - 690 531. 9. AJI, AGED 24 YEARS, S/O.SUKUMARAN, KAIMURI VADAKKATHIL, PUTHIYAVILA, PATTOLI MARKET P.O., KAYAMKULAM, ALLEPPY DISTRICT - 690 531. 10. AJI, S/O.ASHOKAN, AJI BHAVANAM, PUTHIYAVILA, PATTOLI MARKET P.O KAYAMKULAM, ALLEPPY DISTRICT - 690 531. BY ADV. SRI.K.HARILAL SRI.R.GOPAN R1 TO R4 BY GOVERNMENT PLEADER SRI C.M. KAMMAPPU. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 31-1-2008, THE COURT ON 8-4-2008 DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMASTER, KOPPARETHU HIGH SCHOOL, PUTHIAVILA EVIDENCING THE DATE OF BIRTH OF THE DETENUE. //TURE COPY// P.R.RAMAN & V.K.MOHANAN,JJ ---------------------------------------------- W.P.(CRL.) 272 OF 2007 ---------------------------------------------- Dated 8th April, 2008 JUDGMENT Mohanan, J. The petitioner, father of the alleged detenue, approached this court by filing the above Writ Petition(Crl.) with a prayer for a direction to the respondents to produce the detenue -Sumithra, and to set her at liberty. 2. According to the petitioner, the petitioner's family consists of his wife and two children. His elder son is studying in Plus-one and the daughter, Sumithra- the detenue whose date of birth is 30-1-1994, is studying in the 9th standard at Kopparethu High School, Puthiavila, Pattoli Market P.O., Kayamkulam. Petitioner's wife is a house-wife and the petitioner is working as Operator of earth Moving (OEM) in General Reserve Engineering Force (GREF) at HQ 81 RCC, C/o 56 APO and presently posted at Leh. It is the case of the petitioner that on 14-11-2007, the detenue after taking her lunch left for school but she did not return home in the wpcr272/07 -:2:- evening. So, according to the petitioner, wife of the petitioner made enquiries and it reveals that the detenue did not reach the school after lunch. It is also the case of the petitioner that his wife came to know that the detenue was taken in an auto rickshaw by the 5th respondent to some place with the help of his friend, an auto driver, the 10th respondent. The 5th respondent is none other than the detenue's grandmother's sister's son. He is already a married man and has a daughter aged 2 years. It is also stated by the petitioner that 5th respondent called the petitioner's wife and told her that he is taking her daughter. Thus accordingly, the matter was reported to the Sub Inspector of Police on 15-11-2007 and FIR was registered. It is the further case of the petitioner that though crime was registered, no effective investigation was conducted by the police and so far the detenue is not traced out. 3. When the matter came up for consideration, we issued notice to the respondents by special messenger and the Government Pleader took notice for the Ist respondent. Thereafter, the matter has been heard on several occasion and wpcr272/07 -:3:- we have issued interim orders on 29-11-2007 and on 14-12- 2007. 4. The Sub Inspector of police has filed a statement dated 4-1-2008. Another statement was filed on 31-1-2008. According to police, crime No.209/2007 under the caption 'man missing' has been registered at Kanakakkunnu police station, and investigation conducted. According to their investigation it is revealed that 5th respondent was a frequent visitor in the house of the petitioner and there was several chances to Sumithra and Anil kumar to meet in the house of the petitioner itself and their relationship became illicit. The mother of the detenue stopped the visit of Anil kumar to her home. Due to this, Anilkumar found out opportunities to meet the detenue at her school and subsequently he enticed and abducted Sumithra - the detenue, on 14-11-2007 near from the school in an autorickshaw. Pursuant to the registration of the crime, the police have conducted effective investigation. A Special squad has been constituted for the enquiry of Sumithra and enquiries were made in the houses of other respondents and the houses of relatives wpcr272/07 -:4:- and friends of Anil Kumar as well as Sumithra. The news with photograph has been exhibited in Doordarshan. News were flashed in the medias. But so far no clue is obtained. In the meantime Anil Kumar made a call to the house of the detenue's house through the his mobile phone and told that the detenue is with him. It is also stated that a Request has been submitted to the Superintendent of Police Alappuzha for onward passing to the telecom authorities know the present location of the mobile phone used by Anil Kumar. The news with photograph has been exhibited in Doordarshan on 3-12-2007. Apart from this, the news regarding the missing has also been published in Malayala Manorama Daily and Kerala Kaumudi flash news dated 4-12-2007 and that of Mathrubhoomi Daily dated 6-12-2007. But according to the police, so far they could not trace out the girl and 5th respondent. 5. After hearing the matter at considerable length, we have directed the Government Pleader to produce the C.D.File so as to peruse the same and to see whether the investigation was conducted in the proper direction. Accordingly, the C.D.file was wpcr272/07 -:5:- made available by the Government Pleader. We have perused the C.D. and satisfied with the steps taken by the police towards reinvestigation. Going by the C.D. it can be seen that even according to certain witnesses, 5th respondent was residing in the house of the petitioner and there was ample opportunity for the detenue and the 5th respondent for their illicit connection. It is also relevant to note that according to the petitioner himself, the 5th respondent is a close relative of the detenue. Since the girl voluntarily eloped with the 5th respondent and hiding herself, the police found it difficult to trace out the girl though effective investigation is being carried out. 6. In the light of the facts and circumstances, we feel that there is no meaning in keeping the file pending in this Court but the same can be disposed of with certain directions to the respondents 2 to 4 . Therefore we direct the 4th respondent to take steps to strengthen the investigation by constituting a team headed by the Circle Inspector of Police, Kayamkulam, and the Superintendent of Police is further directed to oversee the investigation that being conducted by the wpcr272/07 -:6:- 3rd respondent. If the detenue is traced out in the meanwhile, produce her before the concerned Magistrate Court who in turn can pass appropriate orders and the police can take further steps in the crime in accordance with law. With the above direction and observation, the above writ petition (Crl.) is closed. P.R.RAMAN, JUDGE. kvm/- V.K.MOHANAN, JUDGE. wpcr272/07 -:7:-