IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH JULY 2011 / 28TH ASHADHA 1933 WP(Crl.).No. 338 of 2011(S) --------------------------------------- PETITIONER(S): ------------------------- V.MOHAN KUMAR, S/O.VELAPPAN NAIR, AGED 50 YEARS, 'SREE RAM', KANDAMCHIRA, KARAKONAM, KUNNATHUKAL VILLAGE, NEYYATTINKARA. BY ADV. SRI.G.SUDHEER RESPONDENT(S): --------------------------- 1. CIRCLE INSPECTOR OF POLICE, VELLARADA CIRCLE, VELLARADA,NEYYATTINKARA TALUK-695 505. 2. SUB-INSPECTOR OF POLICE, VELLARADA POLICE STATION - 695 505. 3. PRAVEEN KUMAR @ BINU, S/O.MADHUSOODHANAN, AGED 30 YEARS, RESIDING AT SREEKUMAR NIVAS, CHITTIYOTTUKONAM, KARAKONAM P.O.,PIN-695 504. 4. SURESH KUMAR, S/O.THANKAPPAN, KUNNUVILA PUTHEN VEEDU, PULLANCHERI, KIZHAKKUMKARA, KARAKKONAM-695 504. R1 & R2 BY GOVERNMENT PLEADER SRI. C.M. KAMAPPU R4 BY ADV. SRI. V. SUNIL KUMAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 19/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(CRL.)NO.338/2011S APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR NO.372 DTD. 6/6/2011 OF VELLARAD POLICE STATION. P2: COPY OF PETITION DTD. 5/07/2011 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. * * * * * * * * * * * * * * * * * * * * * * * W.P.(Crl) No.338 of 2011 ---------------------------------- Dated this the 19th day of July, 2011. J U D G M E N T THOTTATHIL B.RADHAKRISHNAN, J. This petition is filed alleging that the 3rd respondent, aided by the 4th respondent, has illegally detained the wife and a minor daughter of the petitioner. Today the petitioner is present. The learned Government Pleader submits on instructions that the allegedly detained persons have been traced out. We see that a crime has been registered with the Vellarada police station on account of the alleged "man missing'. The 4th respondent is represented through counsel, who says that his client has nothing to do with the matter. The 3rd respondent does not appear. 2. With the aforesaid, we find that the petitioner is really concerned about the whereabouts and affairs of his wife and the minor daughter. As regards the wife, he has a right to know. As regards the daughter, he has not only the right; but also duty and responsibility to take care of that minor daughter, of whom he is the natural guardian. 3. Under such circumstances, we are clear in our mind that on production of the persons who have been traced W.P.(Crl) No.338/2011 2 out from alleged detention before the Jurisdictional Magistrate, the learned Magistrate shall do the needful not only to record the statements of the said persons; but also to ensure that they, particularly the daughter, is protected appropriately with judicial orders after ascertaining the views of the petitioner herein also. 4. We, therefore, direct the police to place a copy of this judgment before the Jurisdictional Judicial Magistrate who shall list the case at that end appropriately since we are directing the petitioner to be present before the Judicial First Class Magistrate Court-III, Neyyattinkara at 11 a.m on 20/07/2011. Having in view the powers of the learned Magistrate in terms of the Code of Criminal Procedure and other enabling laws, we deem it appropriate to close this matter paving way for proper procedure in terms of what is stated above. This writ petition is ordered accordingly. Issue copy of this judgment to the learned Government Pleader and the learned counsel for the petitioner today itself. (THOTTATHIL B.RADHAKRISHNAN,JUDGE) (K.SURENDRA MOHAN, JUDGE) jsr