IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 24571 of 2011(V) ---------------------------------- PETITIONER(S): -------------------- BIJU POULOSE, S/O.PAULOSE,CHEMBALIL HOUSE, PANATHOOR P.O,(VIA)RAJAPURAM,KASARGODE DISTRICT. BY ADVS. SRI.ABRAHAM P.GEORGE SMT.M.SANTHY RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO THE GOVERNMENT,HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, POLICE BHAVAN, TRIVANDRUM 3. SUPERINTENDENT OF POLICE, KASARGODE,KASARGODE DISTRICT, 4. DEPUTY SUPERINTENDENT OF POLICE, KANJANGAD,KASARGODE DISTRICT 5. SUB INSPECTOR OF POLICE, AMABALTHARA POLICE STATION, KASARGODE DISTRICT. 6. M.C.RAMAN, S/O.CHINGAN,SARKARIMOYELAM COLONY, THAYANNOOR VILLAGE, KASARGODE-671531. R1 TO R5 BY GOVT. PLEADER SMT.C.M.CHARISMA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 24571/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMPLAINT LODGED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KASARGODE. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ----------------------------------------------- WP(C). No. 24571 of 2011 ----------------------------------------------- Dated this the 22nd day of September, 2011 J U D G M E N T Abdul Rehim, J. The petitioner is seeking directions against respondents 4 and 5, to restrain from harassing the petitioner and his family members in connection with investigation of a complaint lodged by the 6th respondent, alleging missing of his daughter, namely 'Reshma'. 2. According to the petitioner, he has got a family consisting of his wife and a child and he is residing in the address given in the Writ Petition. It is stated that, since the mother and wife of the petitioner were not in good terms he became constrained to provide separate house for his mother, at Madiyan, Kasaragode. It is conceded that the petitioner had engaged 'Reshma', daughter of the 6th respondent, as a Home Nurse to look after his mother and she continued there till 6th June, 2010. According to the WP(C). 24571/11 -2- petitioner, thereafter Reshma was not in service of the petitioner. It is further stated that he met her after few days at Kanjangad Bus Stand and it was told that she is going to Calicut along with her friend. They travelled in the same bus and the petitioner found that Reshma and her friend continued their journey up to Ernakulam. It is stated that the petitioner had no contact with Reshma thereafter and he went abroad on 08/07/10 in connection with employment. He came back from Gulf countries only on 17/06/11 and is now residing with his wife. 3. Grievance of the petitioner is that, the 5th respondent is frequently summoning him to the station house and threatening him questioning whereabouts of 'Reshma', as if he is hiding her. It is stated that on 31/08/11, the petitioner was called upon by the 4th respondent and he was illegally detained in his office during the day time. It is also alleged that the 5th respondent has WP(C). 24571/11 -3- taken illegal custody of Passport of the petitioner, without issuing any receipt. 4. On the basis of directions issued by this court, learned Government Pleader sought instructions from the 5th respondent and submitted that, a criminal case has already been registered on the basis of a complaint received from the 6th respondent regarding missing of 'Reshma' and investigation of that case is being pursued. It is stated that, inspite of earnest attempts made, whereabouts of 'Reshma' could not be traced out. Since it is revealed that the missing person was residing with mother of the petitioner along with the petitioner himself, in a quarters at Madiyan in Kasaragod, interrogation of the petitioner as well as his mother is necessary in connection with the investigation. It is further conceded that Passport of the petitioner was produced before the 5th respondent and the petitioner has not turned up to receive back the same. According to the WP(C). 24571/11 -4- learned Government Pleader, the respondents 1 to 5 have not taken any action which will amount to 'harassment' to the petitioner or to his family members, apart from investigating into the crime and questioning the petitioner as well as his mother with an intention to find the whereabouts of the missing person. 5. We noticed that in a habeas corpus writ petition filed by the 6th respondent herein wherein the petitioner herein was the 3rd respondent, the Sub Inspector had filed a detailed statement. Extract of the relevant portions in the statement is as follows: “3. During the course of investigation the following facts are revealed: i) The missing girl Reshma joined for a Nursing Teacher's Training Course at College of Ajanur at Kanhangad, a private institution run by one Malini of Kanhangad on 9-6-2009. During that time, she stayed at Karithas Bhavan Women's Hostel at Kanhangad. ii) On 19-8-2009, the missing girl vacated the room at Carithas Bhavan and started staying at Balla WP(C). 24571/11 -5- Kadapuram in Hosdurg Village in a rented house owned by one Govindan with her friend Aswathi, a nursing student, Jessy, a teacher and one Aliamma @ Mummy, the mother of 3rd respondent. The missing girl Reshma and her friend Aswathi had arranged the house for their residence and a lease agreement was executed between the house owner and 3rd respondent. iii) The 3rd respondent was a regular visitor at the rented house at Balla Kadapuram and introduced Reshma as his sister and Aliamma @ Mummy as the mother of Reshma to the house owner. But Reshma has introduced the 3rd respondent as her husband and Aliamma @ Mummy as his mother to the neighbours. The petitioner and his family are unaware of this fact. iv) The 3rd respondent is having a wife namely, Smitha and two children. v) The missing girl, 3rd respondent, Aliamma @ Mummy had vacated the rented house at Bella Kadapuram after 4 months and started staying at a rented quarters namely, Thoufeeque Quarters at Madiyan in Ajanur Village. The other two members viz. Aswathy and Jessy Teacher left the rented house at Bella Kadapuram, but did not stay at Ajanur with Reshma and Aliyamma. vi) The missing girl, 3rd respondent and his mother Aliyamma @ Mummy introduced the owner of Thoufeeque Quarters and neighbors as husband, wife and husband's mother and stayed there for WP(C). 24571/11 -6- about 3 or 4 months. vii) During investigation it is revealed that the missing girl was using all together 4 SIM cards. Out of that, the number of two connections could be traced out by the police. Those numbers are: 9946059987 and 9526602576. The first number was subsequently, allotted to Mr. Vikraman Nair, Thiruvananthapuram. Though earnest efforts were made to trace out Mr. Vikraman Nair, I could not trace out him and even at present that number is “SWITCHED OFF”. The second number used by the missing girl was subsequently allotted to one Akhil S/o Babu, a Plus 2 student, aged 18 years residing at Neyyattinkara from 1-1-2011 onwards. The missing girl used the number till 2-7-2010. During the period from 2-7-2010 to 31-12-2010, nobody used that number. We have collected the tower location details of this number. The tower location shows that the missing girl or the phone with the second SIM card was used traveled/brought up to Ernakulam and its last tower location was at Kaloor Junction on 2-7-2010 at about 6.41 AM. After that, that phone was not used by using the above SIM card. Attempts are being made to collect the details of other Mobile connections used by the missing girl. We are trying to get evidence whether she has used any other number after 2-7-2010. viii) Aliyamma, the mother of the 3rd respondent is traced out, questioned and her statement is recorded. She gave a picture about the missing girl and the connection with her. But that is not WP(C). 24571/11 -7- sufficient to her trace out. Now Aliyamma is ignorant about the whereabouts of the missing girl. ix) It is revealed that the 3rd respondent left India to Sharjah in UAE on 8-7-2010. Police contacted him over phone and he stated that he was not having illicit relationship with the missing girl and that he is not aware of her whereabouts. 6. From the facts and circumstances, it is revealed that the police authorities are taking all earnest efforts to investigate into the missing of 'Reshma'. Since it is revealed that Reshma had stayed with the petitioner and his mother before her missing, interrogation of the petitioner as well as his mother is required. It is revealed from the above quoted statement that the mother of the petitioner was already questioned. We are of the opinion that further interrogation from the mother of the petitioner may not be required. However, the petitioner should co-operate with the 5th respondent in continuing with investigation of the case registered and to find out the missing person. We WP(C). 24571/11 -8- make it clear that there shall not be any sort of harassment from respondents 2 to 5 to the petitioner or his family members. 7. Under the above mentioned circumstances, we close the writ petition with the above observations. (PIUS C.KURIAKOSE, JUDGE) (C.K.ABDUL REHIM, JUDGE) ksv/-