IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(Crl.).No. 341 of 2008(S) --------------------------- PETITIONERS: --------------- 1. SANTHOSH, S/O. A.S.SOMAN, ANCHU BHAVAN, CHEMPANARUVI P.O., PIRAVANTHOOR, KOLLAM DISTRICT. 2. THANKACHAN, KALLUVILAYIL VEEDU, AMAKKUNNU, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.MANOJ RAMASWAMY RESPONDENTS: ---------------- 1. THE ASSISTANT SUPERINTENDENT OF POLICE, PUNALUR SUB DIVISION, PUNALUR. 2. SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION, PATHANAPURAM. 3. SUB INSPECTOR OF POLICE, KONNI POLICE STATION, KONNI. 4. SURESH ALIAS PODI, S/O.KOCHURAMAN, PALAMOOTTIL, PAINAMON, KONNI, PATHANAPURAM DISTRICT. *ADDL. RESPONDENT NO.5. THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTHERN REGION. (*ADDL.RESPONDENT NO. 5 IS IMPLEADED AS PER ORDER DATED 07.11.2008 IN W.P.(CRL.) 341 OF 2008.) BY GOVERNMENT PLEADER ADV. SHRI NOBLE MATHEW. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(Crl.).No. 341 of 2008(S) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF THE COMPLAINT DATED 02.10.2008 FILED BEFORE THE THIRD RESPONDENT. EXT.P2: TRUE COPY OF THE COMPLAINT DATED 04.10.2008 FILED BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE. KURIAN JOSEPH & K.T. SANKARAN, JJ. ................................................. W.P.(Crl. )No. 341 OF 2008 ................................................... Dated this the 11th November, 2008 J U D G M E N T Kurian Joseph, J: The fourth respondent has been produced by the police. It is submitted that the police had registered a case in connection with the missing of Sheeja, the wife of the first petitioner as Crime No. 586 of 2008 of Konni Police Station. The detenue had appeared before this court by order dated 31.10.2008 and we had permitted Sheeja to go with her husband and children. It is also submitted that Crime No.631 of 2008 registered by the Pathanapuram Police under section 366 of IPC read with Section 34 is also under investigation. Since the detenue had appeared before this court and this Court having permitted the detenue to go with her husband and children, we do not think that any further orders are necessary in this Writ Petition, except to direct the police to continue the investigation in accordance with law, keeping in mind the observation made by this Court in the order dated 31.10.2008 that there are several such type of cases of W.P.(Crl. )No. 341 OF 2008 2 missing of married women in Thiruvananthapuram, Kollam and Pathanamthitta districts. The Writ Petition is disposed of. KURIAN JOSEPH, JUDGE. K.T. SANKARAN, JUDGE. lk W.P.(Crl. )No. 341 OF 2008 3 KURIAN JOSEPH & K.T. SANKARAN, JJ. ................................................. W.P.(Crl. )No. 341 OF 2008 ................................................... Dated this the 31st October, 2008 O R D E R Kurian Joseph, J: The petitioners had complained that Sheeja, wife of the first petitioner was missing ever since 01.10.2008. The first petitioner has two children in her. Sheeja was traced out and produced before this Court. It was submitted that she was enticed by the fourth respondent and she fell into that trap. It was brought to our notice that there are several such type of cases wherein married women were enticed away, particularly in Thiruvananthapuram, Kollam and Pathanamthitta districts. The third respondent who was present before this court had W.P.(Crl. )No. 341 OF 2008 4 undertaken that the investigation of the case registered by the said respondent in connection with the missing of Sheeja , i.e. Crime No. 586 of 2008 of Konni Police Station was in progress and that the police will apprehend the fourth respondent. There is no appearance of the fourth respondent so far. The third respondent submits that he is not in a position to trace out the fourth respondent. 2. We direct the Assistant Superintendent of Police, Punalur Sub Division (first respondent) to personally investigate the Crime No. 586 of 2008 of Konni Police Station, particularly with regard to the role played by the fourth respondent and file an affidavit before this Court as to the investigation so far conducted by him. The affidavit shall be filed within a week from today. 3. Post on 07.11.2008. Hand over copy of the order to the Government Pleader for communication to the first respondent. KURIAN JOSEPH, JUDGE. W.P.(Crl. )No. 341 OF 2008 5 K.T. SANKARAN, JUDGE. lk