IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(Crl.).No. 260 of 2008(S) --------------------------- PETITIONER: ------------------ MUHAMMED ABDUL BASHEER, AGED 47 YEARS, S/O.LATE MUHAMMED HAJI, ORAVUTHODI HOUSE, PO VILAYOOR WEST, PATTAMBI, PALAKKAD DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: --------------------- 1. THE SUPERINTENDENT OF POLICE, PALAKKAD. 2. THE CIRCLE INSPECTOR OF POLICE, PATTAMBI. 3. THE SUB INSPECTOR OF POLICE, PATTAMBI. 4. JUNAIS, AGED 22 YEARS, S/O.ALAVI HAJI, PARAKKAL HOUSE, KUPPOOTH, VILAYOOR WEST PO, PATTAMBI, PALAKKAD DISTRICT. 5. MAJEED, AGED 22 YEARS, S/O.KHADEEJA, OOTTUKUZHY HOUSE, KUPPOOTH, VILAYOOR WEST PO, PATTAMBI, PALAKKAD DISTRICT. 6. SHOWKKATHALI, AGED 22 YEARS, SAIDALIKUTTY, VENGALITHODI HOUSE, KUPPOOTH, VILAYOOR WEST P.O, PATTAMBI, PALAKKAD DISTRICT. R1 TO R3 BY GOVT.PLEADER SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL).No.260/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE FIR IN CRIME NO.450/08 OF PATTAMBI POLICE STATION. EXT.P2 TRUE COPY OF BIRTH CERTIFICATE OF THE DETENUE AJEESA. P.R.RAMAN & T.R.RAMACHANDRAN NAIR,JJ. ------------------------------- W.P.(Crl)NO.260 OF 2008 -------------------------------- Dated this the 5th day of August,2008 JUDGMENT Raman,J. The allegation made in this writ petition is that petitioner's niece by name Ajeesa, aged 15 years, was found missing from 17th July, 2008. She had gone to the school as usual; but while she was returning home from the school, the 4th respondent alleged to have abducted her in a jeep bearing Regn. No.KL 10B 3487 and after reaching Naduvattom, the 4th respondent along with the alleged detenue got into an autorickshaw driven by the 5th respondent and owned by the 6th respondent. The jeep was handed over to the 6th respondent before getting into the autorickshaw. Thereafter, the 4th respondent has taken the detenue to some unknown place. There are eye witness to the incident. The petitioner is the local guardian of the alleged detenue, since the father of the alleged detenue is employed in Soudi Arabia. The complaint made to the police however did not yield any result, which necessitated to file the -2- WP(Crl).No.260/2008 habeas corpus writ petition for a direction to produce the corpus of the girl and pass appropriate orders. 2. Notice was issued and an order was passed on 23/7/2008 directing to produce the girl before this Court. Accordingly, Police has produced the girl before us today. It is submitted that the girl was earlier produced before the Magistrate's Court at Pattambi and she was allowed to go with her mother. A case has already been registered against the 4th respondent and others and they are remanded to judicial custody. 3. We have interacted with the alleged detenue. She stated that she is a minor and she was kidnapped by the 4th respondent. Since the police has already registered a case, the case shall be proceeded in accordance with law. Since the girl is allowed to go along with her mother, no further directions are called for. Writ Petition is closed. P.R.RAMAN, Judge. T.R.RAMACHANDRAN NAIR, Judge. kcv.