IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(Crl.).No. 52 of 2008(S) -------------------------- PETITIONER: ------------------- P.GOVINDANKUTTY, AGED 54, S/O.BALAKRISHNAN NAIR, ARUNODAYAM, PARAMELPADI, KONDAZHI VILLAGE & DESOM, TALAPPILLY TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.SAJITH KUMAR KANGHINGHAT RESPONDENT: -------------------- 1. RAJENDRAPRASAD, AGED 30, S/O.THULASEEDHARAN PILLAI, H.NO.68, LEELA BHAVAN, AROONOTTIMANGATUCHERI, MANGAD VILLAGE, KARIKODE P.O., NEAR TKM COLLEGE, KOLLAM. 2. CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR, OTTAPALAM. 3. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, PALAKKAD. 4. CIRCLE INSPECTOR OF POLICE, OFFICE OF CIRCLE INSPECTOR, KOLLAM. 5. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOLLAM. 6. DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI L.KAKSHMINARAYANAN FOR R2 TO 6 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(CRL) 52/2008 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE MARRIAGE CERTIFICATE. EXT.P2 TRUE COPY OF THE PHOTOGRAPH OF THE DETENUE WITH HER HUSBAND. EXT.P3 TRUE COPY OF THE FIRST INFORMATION REPORT. True Copy P.S. to Judge P.R. RAMAN & T.R. RAMACHANDRAN NAIR, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(CRL) NO. 52 OF 2008 = = = = = = = = = = = = = = = DATED THIS, THE 12TH DAY OF NOVEMBER, 2008. J U D G M E N T Raman, J. As per the averments made in the writ petition, petitioner's daughter Anu G Nair aged about 25 years is a married woman having a child aged about three years. She is employed as a teacher in C.A. High School, at Kuzhalmandam. According to the petitioner, on 28.1.2008 she left her husband's house at Ambalapara in Ottapalam for her job at Kuzhalmandam and has not returned thereafter. A man missing complaint has been filed before the Ottapppalam Police Station marked as Ext.P3 in this case. According to the petitioner, his daughter is under the illegal custody of the first respondent. As the daughter of the petitioner was not found out despite the complaint made, this writ petition is filed. 2. The first respondent is not served as his address furnished is not correct. The statement filed by the second respondent - Circle Inspector of Police, Ottappalam, would show that the petitioner's daughter eloped with the first respondent who is also a married man and investigation is WP(CRL) 52/2008 :2: progressing. So far, petitioner's daughter and the first respondent could not be traced out. 3. Prima facie we are not satisfied that this is a case where there is illegal detention. However, since a man missing case is already under investigation, necessary follow up action shall be taken to its logical end and the missing woman, when found, be produced before the nearest Magistrate's Court with notice to the petitioner. 4. In case there is any inordinate delay in the matter of searching and finding out the petitioner's daughter, it is open to the petitioner to approach this Court, later. Subject to the above observation, this writ petition is closed. P.R. RAMAN, (JUDGE) T.R. RAMACHANDRAN NAIR, (JUDGE) knc/-