IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 Crl.MC.No. 4556 of 2010(S) -------------------------------------- PETITIONER: ------------------- SARASWATHY AMMA, AGED 66 YEARS, THENNUKALA PUTHENVEEDU, ANNARTHOLLU P.O., PALLIMOTTU, IDUKKI DISTRICT. BY ADV. SRI.S.RAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. DIRECTOR GENERAL OF POLICE (LAW & ORDER) POLICE HEADQUARTERS, THIRUVANANTHAPURAM – 695 001. 3. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, IDUKKI – 685 602. 4. SUB INSPECTOR OF POLICE, KUMBUMMET POLICE STATION, IDUKKI – 685 602. R1 TO R4 BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4556 of 2010 -------------------------------------- Dated this the 22nd day of March, 2011. ORDER Petitioner's son, Radhakrishna Pillai, a business man, aged 43 years, married to one Sindhu was found missing from his house from 25.05.2009. Since he did not return till 28.05.2009 petitioner went to house of the said Radhakrishna Pillai and enquired with his wife, Sindhu about whereabouts of Radhakrishna Pillai. Sindhu said that Radhakrishna Pillai had gone to Madhurai. Petitioner later learnt that Sindhu had lodged a complaint with Kambammed Police regarding the missing of Radhakrishna Pillai and instructed that they need register a case only after two days. According to the petitioner, Radhakrishna Pillai had financial transactions with one Suresh @ Sura who was a frequent visitor in the house of Radhakrishna Pillai and had close intimacy with Sindhu. Petitioner suspected role of Sindhu and the said Sura in the missing of her son. Petitioner submitted a petition before Director General of Police on 10.07.2009 complaining about the inadequate investigation being conducted in the matter. It is prayed in this petition that direction may be issued to handover investigation of the case to a senior police officer or the Crime Branch. Crl.MC No.4556/2010 2 2. As directed by this Court, the Sub Inspector, Kambammed who is presently investigating the case has filed a statement. In that statement, the Sub Inspector refers to the steps he has taken in the course of investigation and would say that the investigation conducted so far did not reveal involvement of Sindhu or Sura in the alleged missing of Radhakrishna Pillai. 3. Learned counsel for petitioner contends that the statement in paragraph 5 of the statement filed by the Investigating Officer is sufficient to indicate involvement of the said Sura and Sindhu in the missing of Radhakrishna Pillai. Learned counsel requested that investigation may be handed over to a senior Police Officer or the Crime Branch. Learned Public Prosecutor submitted that investigation is not completed, is going on and that it is not necessary to change the investigator. 4. I have gone through the statement filed by the Investigating Officer. It would appear that on the complaint of Sindhu, wife of Radhakrishna Pillai Kambammed Police registered Crime No.107 of 2009 for man missing. The Sub Inspector conducted investigation. He questioned several witnesses including Sindhu and Sura. They were again questioned by the Investigating Officer. In the course of investigation information was received that the Radhakrishna Pillai had travelled in the autorickshaw bearing No. KL – 6B/8766. Driver of that autorickshaw stated that Radhakrishna Pillai had got down at Kattappana town on 25.05.2009 and at that time had told the driver of the Crl.MC No.4556/2010 3 autorickshaw that he is going to Madhura in connection with business transaction. The Investigating Officer has also verified the mobile phone which was being used by Sindhu and which was in the name of Radhakrishna Pillai which the latter had left at his house while leaving the house on 25.05.2009. The call details from the mobile phone used by the above said Sura from 01.01.2010 to 27.10.2010 were also verified. On verification it was revealed that there were frequent incoming and outgoing calls from the mobile phone of Sura to/from the mobile phone used by Sindhu. That was not sufficient to indicate involvement of Sindhu or Sura in the alleged missing of Radhakrishna Pillai. The Investigating Officer further says that all earnest efforts are being taken to trace out the missing person by publishing look out notice in Tamil Nadu and all other Police Stations in Kerala. Crime memos were sent to collect the whereabouts of the missing person. News items have also been telecasted through Dooradarshan and All India Radio, etc. 5. Though, learned counsel has argued that the mobile phone calls between Sindhu and Sura would indicate that they have a hand in the missing of Radhakrishna Pillai, I am not required to enter a finding on that question at this stage. The matter is being investigated by the Sub Inspector. Having regard to the circumstances stated and going through the statement of the Officer concerned, I am not inclined to think that the investigation has to change hands at this stage. But considering the apprehension of petitioner it could be Crl.MC No.4556/2010 4 directed that the Deputy Superintendent of Police having jurisdiction shall supervise the investigation being conducted by the Sub Inspector, Kambammedu. Resultantly this petition is disposed of directing the Sub Inspector of Police, Kambammedu to continue investigation and make all earnest efforts to trace the missing person. It is also directed that the Deputy Superintendent of Police having jurisdiction over Kambammedu Police Station shall supervise the investigation being conducted by the Sub Inspector, Kambammedu. Necessary orders in that regard shall be passed by the Superintendent of Police, Idukki within two weeks from the date of receipt of a copy of this order. Petitioner shall make available a copy of this order to the Superintendent of Police, Idukki. THOMAS P.JOSEPH, Judge. cks