IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(Crl.).No. 302 of 2011(S) -------------------------------------- PETITIONER: ------------------- SHIJI BALAN, AGED 29 YEARS, HOUSE NO.46, CHALADITHUNDIYIL HOUSE, JOURNALIST COLONY, KALOOR,KOCHI. BY ADVS. SRI.BENNY JOSEPH, SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. M.G.PAUL, MADATHIPARAMBIL HOUSE, EDAYAKUNNAM, CHERANALLUR, KOCHI.P.O- 682 034. 2. MARGRATTE, W/O.M.G.PAUL, MADATHIPARAMBIL HOUSE, EDAYAKUNNAM, CHERANALLUR, KOCHI.P.O- 682 034. 3. THE SUB INSPECTOR OF POLICE, E.T.NORTH POLICE STATION, ERNAKULAM. 4. THE CIRCLE INSPECTOR OF POLICE, E.T.NORTH POLICE STATION, ERNAKULAM. 5. THE COMMISSIONER OF POLICE, KOCHI CITY. *ADDITIONAL RESPONDENTS 6 & 7 IMPLEADED: *6. UNION OF INDIA, REPRESENTED BY PRINCIPLE SECRETARY, GOVERNMENT OF INDIA. W.P.(CRL.) NO.302/2011-S: *7. DIRECTOR OF C.B.I, CENTRAL BUREAU OF INVESTIGATION, REP. BY STANDING COUNSEL, HIGH COURT OF KERALA. *ADDITIONAL RESPONDENTS 6 AND 7 ARE IMPLEADED AS PER ORDER DATED 08/07/2011 IN I.A. NO. 10410/2011. R1 & R2 BY ADV. SRI.SAIBY JOSE KIDANGOOR, R3 TO R5 BY GOVT. PLEADER SRI. P.K. BABU, ADDL. R6 BY SRI.P.PARAMESWARAN NAIR,A.S.G OF INDIA. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(CRL.). NO.302/2011-S: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE MARRIAGE CERTIFICATE DTD. 10/02/2003. EXT.P.2: F.I.R. DTD. 14/05/2010. EXT.P.3: COPY OF THE REPLY ISSUED BY THE R.3. DTD. 01/12/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. Thottathil B.Radhakrishnan & K.Surendra Mohan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(Crl.).No.302 of 2011-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 8th day of July, 2011. Judgment Thottathil B.Radhakrishnan, J. The petitioner claims to be the wife of the alleged detenu Pinil M.Paul. The second respondent, mother of the alleged detenu, has filed an affidavit. It discloses a particular telephone number. The petitioner was asked by us to call up in that number. That call was rejected from the other end. However, it is submitted that the petitioner made yet another call from his sister's phone and that was taken up and the alleged detenu took up the phone, however that, he thereafter did not continue with the call. With the materials on record regarding the transit of the alleged detenu at an early point WPCR302/11 -: 2 :- of time from the Bombay Air Port to Bahrain, we do not find any material to hold that he is under the illegal detention of his parents. On the materials, it may be a case where there could be some bickerings in the family and some strain in the relationships. We are sure that the police will appropriately take care of any case filed alleging "man-missing". Ext.P2 will be proceeded with in accordance with law. We also record the request of the petitioner that the police may make an effort to trace the whereabouts of the alleged detenu in Bahrain or Riyadh and ensure that he is not under illegal detention. The writ petition is ordered accordingly. Thottathil B.Radhakrishnan, Judge. K.Surendra Mohan, Judge. Sha/1107