IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25054 of 2011(F) -------------------------- PETITIONER(S): ---------------------- SANTHA, AGED 51, W/O.SUKUMARAN ASARI, MUNALIMUKKU, VENJARAMOODU, PULLAMPARA VILLAGE, PULLAMPARA PANCHAYATH. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): ----------------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 2. THE CIRCLE INSPECTOR OF POLICE, VENJARAMOODU CIRCLE. 695 607. 3. THE SUB INSPECTOR OF POLICE, VENJARAMOODU POLICE STATION.695 607. 4. BAIJU, SIMI BHAVAN, PICHIMANGALAM, PULLAMPARA VILLAGE, VENJARAMOODU.P.O., THIRUVANANTHAPURAM.695 607. SR.GOVT. PLEADER SRI.T.K. VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).25054/11 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF REPRESENTATION DT.14/9/11 SUBMITTED BEFORE R2. RESPONDENT'S EXHIBITS:- NIL OKB //TRUE COPY// P.A. TO JUDGE PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ. ------------------------------------------- W.P.(C).No.25054 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 J U D G M E N T ---------------------- Abdul Rehim, J. Petitioner is a lady aged 51 years. She is allegedly residing along with her 3 sons namely, Rajesh aged 33, Rajeev aged 31 and Renjith aged 29. According to the petitioner, from 25.8.2011 onwards her elder son Rajesh is missing and when the petitioner approached the 3rd respondent to lodge a complaint regarding the missing of her son, she was harassed for the reason that the 4th respondent had lodged complaint regarding missing of his wife, alleging that his wife had eloped with the elder son of the petitioner. It is further alleged that, thereafter the petitioner as well as her second son were called to the station house by the 3rd respondent and they were kept under illegal custody during the entire day time. It is also stated that, eventhough the petitioner and her sons made enquiries about the missing son, his whereabouts could not be traced out. But the 3rd respondent is compelling the petitioner to produce the missing son, failing which it is threatened that action will be taken against her. It is stated that, with respect to the harassment met out from the 3rd respondent a representation was submitted to the 2nd respondent, as evidenced from Ext.P1. But still the harassment is W.P.(C).25054/11 -2- continuing, and hence this writ petition is filed. 2. Sri. T.K.Vipindas, learned senior Government Pleader submitted that, the 3rd respondent conducted enquiries only on the basis of complaint received from the 4th respondent regarding missing of his wife, who is suspected to have eloped with the petitioner's elder son, Sri. Rajesh. In this regard the 3rd respondent had questioned and recorded the statement of second son of the petitioner, Sri. Rajeev. It is only with respect to the enquiry of the complaint regarding missing of the wife of 4th respondent that the petitioner and her son was questioned. However, the allegations regarding harassment caused to the petitioner is stoutly denied. 3. From the facts and circumstances it is revealed that the police is enquiring into the case registered regarding missing of the 4th respondent's wife. It is also revealed that the petitioner's elder son is missing and in all probability the wife of the 4th respondent had eloped with him. Therefore it is necessary on the part of the 3rd respondent to have surveillance on the house of the petitioner in order to trace out her elder son. We make it clear that if questioning of the petitioner is required, the same shall be done at the residence of the petitioner in the presence of woman police constable. If presence of the petitioner or her sons is required, the 3rd respondent shall issue notice as W.P.(C).25054/11 -3- contemplated under Section 160 of Cr.P.C. 4. However, police will be at liberty to have surveillance at the residence of the petitioner in search of missing son, Sri.Rajesh. We close this writ petition with the above observations. PIUS C. KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb