IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(Crl.).No. 235 of 2009(S) --------------------------- PETITIONER(S): --------------- P.JAGADAMMA, W/O.LATE SREEDHARAN, GOKULAM, K.P.7/182, THUMBIKONAM, KODAPPANAKUNNU, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENT(S): --------------- 1. THE CITY POLICE COMMISSIONER, CITY POLICE OFFICE, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 2. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 3. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT. 4. KRIRSHNAKUMAR @ ANIL, MELETHUMELE MANNARAKONAM JUNCTION, VARRIYORKAVU, THIRUVANANTHAPURAM. 5. SREEKUMAR, S.N.K.MEAT SHOP, NEAR NARMADA, KOWADIYAR, THIRUVANANTHAPURAM. 6. SIVAKUMAR @ LALA, V.N.R.A.(A) 128 VALIYAVILA PLAKKUNNIL, EDAVILAKAM LANE, VATTIYOORKAVU, THIRUVANANTHAPURAM. ADV. SRI.G.SUDHEER FOR R4-R6 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARIRANI, JJ. W.P.(Crl.)No.235 of 2009 ---------------------------------------- Dated this the 30th day of June 2009 ORDER R.BASANT The petitioner has come to this court complaining that her son Syam Sekhar aged 25 years is missing from 09/04/2009 and that despite complaints made to the police, her son has not been traced. The petition was filed on 17/6/2009 and it was admitted. 2. Today when this petition came up for hearing, the petitioner and counsel are present. Respondents 4 to 6 are represented by their counsel. The learned Government Pleader represents respondents 1 to 3. It is submitted that the alleged detenu Syam Sekhar was traced by the police and he was produced before the learned Magistrate. Sri.Syam Sekhar who is present before court informs the court that he is not under illegal detention or confinement by anyone. He is aged 25 years (date of birth 22/2/1984) and he had left his native place on his own, he submits. 3. The petitioner as also the alleged detenu have no further grievance and they seek no more directions in this petition. The learned counsel for respondents 4 to 6 submits W.P.(Crl) No.235/09 2 that they have been unnecessarily dragged to this court by arraying them as parties to the petition. 4. Having considered all the relevant circumstances, we are satisfied that no further directions are necessary in this writ petition. 5. This writ petition is, in these circumstances, dismissed. No cost. (R.BASANT, JUDGE) (M.C.HARIRANI, JUDGE) jsr W.P.(Crl) No.235/09 3 DATED THIS THE 24th DAY OF JUNE 2009 ORDER R.BASANT The learned counsel for respondents 4 to 6 submits that the statement is being filed today. The learned Government Pleader on behalf of respondents 1 to 3 prays for time to file statement. The alleged detenu has been missing from 09/04/2009 and crime No.265/09 has been registered as early as on 20/04/2009. We find no merit in the prayer of the learned Government Pleader on behalf of respondents 1 to 3 for time to file statement. We have informed that the investigation is now being conducted by the 3rd respondent. 2. Time is granted to respondents 1 to 3 to file statement till 29/6/2009. Call on 30/6/2009. Copy of the statement shall be furnished to the petitioner. 3. The learned counsel for the petitioner submits that no proper investigation is at all being conducted by respondents 2 to 3. The disappearance of the alleged detenu has the silence blessings of some of the personnel of the local police, it is further apprehended. We deem it necessary in the circumstance of the W.P.(Crl) No.235/09 4 case to issue specific directions to the 1st respondent to ensure that a proper investigation is being conducted. He shall monitor the investigation and shall on 29/6/2009 file a separate statement about his impressions after monitoring the investigation. 3. The learned Government Pleader shall communicate this direction to the 1st respondent forthwith. We need only mention that we expect the 1st respondent to ensure that a proper investigation is conducted and the alleged detenu is produced before this court on 30/6/2009 and if he is traced before that, produce him immediately before the learned Magistrate having jurisdiction. Call on 30/6/2009.