IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI WEDNESDAY, THE 4TH NOVEMBER 2009 / 13TH KARTHIKA 1931 WP(Crl.).No. 385 of 2009(S) --------------------------- PETITIONER : --------------- INDUSIND MEDIA & COMMUNICATIONS LTD. 49/50 MIDC INDUSTRIAL AREA, IN CENTRE, 12 TH ROAD ANDHERI (W) MUMBAI 400 091, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SANJEEV AHUJA, HEAD-LEGAL. BY ADV. SRI.SANTHOSH MATHEW SRI.SATHISH NINAN RESPONDENTS: --------------- 1. THE DIRECTOR GENERAL OF POLICE KERALA POLICE HEAD QUARTERS ,THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE ALAPPUZHA DISTRICT, KERALA. 3. THE DISTRICT COLLECTOR ALAPPUZHA DISTRICT. 4. THE SUB INSPECTOR OF POLICE ALAPPUZHA SOUTH POLICE STATION ALAPPUZHA. 5. SHAHANAZ T.A, AGED 30 YEARS, W/O.SHAJAHAN, SAOOD (ABM) HOUSE NO.26/7 WEST OF THIRUVAMPADY JUNCTION. THIRUVAMPADY PO, ALAPPUZHA DISTRICT. 6. VAHEEDA KABEER, AGED 37 YEARS W/O.KABEER, VAHEEDA MANZIL, SOUTH OF VELLAKINAR ALAPPUZHA DISTRICT. ADV. SRI.C.A.CHACKO FOR R5 & R6 GOVERNMENT PLEADER SMT.SMITHA SUKUMARAN FOR R1 TO R4 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ------------------------------------ W.P(Crl.) No.385 of 2009 ------------------------------------- Dated this the 4th day of November, 2009 JUDGMENT BASANT, J. This judgment must be read in continuation of the earlier orders passed by us in this matter resting with the order dated 22.10.09. The petitioner, a company, has come to this Court with the grievance that a couple-Muhammed Rafeeq and Reshma Rafeeq, are illegally detained by the 5th and 6th respondents. Prima facie we found no materials to assume that the said alleged detenues are under any illegal confinement or detention. Having gone through the entire materials, we felt that the real grievance of the petitioner is that the said couple are absconding and have not been apprehended by the police in a crime that has been registered against the husband before the police consequent to reference of a complaint filed by the petitioner u/s 156(3) Cr.P.C. The matter was posted to this day to enable the petitioner to place adequate material before the Court to induce the requisite satisfaction that there is any element of illegal detention/confinement of the said spouses. Today when the matter came up for hearing, the learned senior counsel W.P(Crl.) No.385 of 2009 2 submits that it has not been possible for the petitioner to secure better materials to indicate and suggest such wrongful confinement. The learned senior counsel, in these circumstances, prays that this petition may now be dismissed as withdrawn without prejudice to the rights of the petitioner as the complainant to insist that the police must conduct proper enquiries and secure the presence of the alleged detenues - whether they be under detention or they be absconding. 2. The request of the learned counsel for the petitioner is accepted. This Writ Petition is, in these circumstances, dismissed as prayed for without prejudice to the rights of the petitioner referred above. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/-