IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(Crl.).No. 85 of 2010(S) -------------------------- PETITIONER: --------------- KURIAN @ KURIAKOSE,S/O.JOSEPH, KALATHUPARAMBIL VELLIYODU AMSOM,DESOM, VILANGADU VIA,KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY,DEPARTMENT OF HOME SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, RURAL S.P.OFFICE,KOZHIKODE DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, NADAPURAM POLICE STATION,KOZHIKODE DISTRICT. 5. THE SUB INSPECTOR OF POLICE, VALAYAM POLICE STATION,KOZHIKODE DISTRICT. 6. SABU,AANJILYMOOTTIL,NEDUMPARAMBU.P.O, KALLACHI,KOZHIKODE DISTRICT. 7. VARKEY,KOOVATHOTTATHIL,VELLIYODE, VILANGADU.PO,KOZHIKODE DISTRICT. 8. KAKKIYOTTUMMEL ASHOKAN, VELLIYODE.P.O,VILANGADU DESOM,KOZHIKODE DISTRICT. GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1 TO 5 THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.85 of 2010 ********************* Dated this the 2nd day of July, 2010 JUDGMENT BASANT, J. Investigating Officer has filed a statement. The statement shows that the investigation has now revealed that the alleged detenu is no more. He has allegedly been murdered. The accused has already been arrested. Investigation is in progress. Final report will be filed shortly in Crime No.158 of 2010 of Kannavam Police Station. The learned Government Pleader submits that, in these circumstances, this petition for issue of a writ of habeas corpus may now be closed recording the above facts. 2. The learned counsel for the petitioner accepts the submission of the learned Government Pleader. It having been reported to this Court and accepted by both sides that the alleged detenu is no more, we are satisfied that this petition for issue of a writ of habeas corpus to search for, trace and produce the alleged detenu need not now continue. 3. This Writ Petition is, in these circumstances, dismissed as agreed. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/ R.BASANT & M.C.HARI RANI, JJ. ********************** W.P(Crl.) No.85 of 2010 ********************* Dated this the 17th day of May, 2010 ORDER The petitioner has filed this application for issue of a writ of habeas corpus to search for, trace and produce the alleged detenu, his nephew-Sinoj, the alleged detenu's father having expired earlier. The alleged detenu has been missing from 12.08.2009. It is the petitioner's grievance that no serious efforts have been made by the police officers, ie. respondent Nos.1 to 5 to trace the alleged detenu. 2. This petition was filed as early as on 08.03.2010. The learned Government Pleader only submits that proper investigation is in progress. But the alleged detenu has admittedly not been traced so far. 3. We are, in these circumstances, satisfied that specific directions must be issued to respondent Nos.1 to 5. The Investigating Officer shall make all efforts to trace the alleged detenue within a period of one month from this date. The 2nd respondent, the Director General of Police, shall ensure that the needful is done in the matter within such period. W.P(Crl.) No.85 of 2010 - 2 - 4. Call this petition again on 28.06.2010. If by that date the alleged detenue has not been traced or his fate ascertained, the Investigating Officer shall file a report about the steps taken and the progress achieved. He shall appear in person before this Cout on that day with the case diary. (R.BASANT, JUDGE) (M.C.HARI RANI, JUDGE) rtr/