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 4TH DECEMBER 2009 / 13TH AGRAHAYANA 1931 WP(Crl.).No. 474 of 2009(S) --------------------------- PETITIONER(S): --------------- THANKACHAN @ JOSE.V.S., AGED 47 YEARS, S/O.KOCHUKUNJU SWAMI @ SAMUEL, VATTAMAKKAL VEETIL, KUNNAM MURIYIL, KOLLAMULA VILLAGE, RANNI TALUK, PATHANAMTHITTA DIST. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 3. THE CIRCLE INSPECTOR OF POLICE, VADASSERIKKARA. 4. THE SUB INSPECTOR OF POLICE, VECHOOCHIRA. BY G.P. SMT. SMITHA SUKUMARAN THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 04/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. BASANT & M.C. HARI RANI, JJ. ------------------------------------------------- W.P.(Cri) No. 474 of 2009-S ------------------------------------------------- Dated this the 4th day of December, 2009 JUDGMENT Basant,J. The petitioner has come to this Court with the prayer for issue of a writ of habeas corpus to search for, trace and produce his adult daughter Ms. Juby, aged 20 years. According to the petitioner, his adult daughter was allegedly abducted/kidnapped by unidentified persons on 2/11/09. It was the apprehension of the petitioner that such abduction has been made by some extremist groups with an intention to effect her conversion to another religion. As his complaint before the police did not succeed in securing the tracing of the alleged detenue, he came to this Court with this petition on 16/11/09. 2. This writ petition was admitted on 17/11/09. Notice W.P.(Cri) No. 474 of 2009 -: 2 :- was ordered to the respondents. The matter came up for hearing on 23/11/09. This order must be read in continuation of the earlier order passed by this Court on 23/11/09. 3. Today, when the matter came up for hearing, the petitioner is present. A counsel appears for him. The alleged detenue has come along with the petitioner. The learned counsel for the petitioner submits and the learned Government Pleader asserts that subsequent to 23/11/09, the alleged detenue who was allegedly kidnapped by some persons, was left at Kottayam and sent in a bus proceeding to the locality of the residence of the petitioner. The petitioner has thus got back the alleged detenue. 4. We have interacted with the alleged detenue. She confirms that she is 20 years old. She states that she now comes from the custody of the petitioner. 5. There is no element of detention or confinement of the alleged detenue now. Now she has returned to the custody of her father - the petitioner herein. We are, in these circumstances, satisfied that no further directions are necessary in this writ petition. 6. The learned counsel for the petitioner submits that effective action has not been taken by the police against the W.P.(Cri) No. 474 of 2009 -: 3 :- alleged kidnappers/abductors. The learned counsel prays that appropriate direction may be issued to the police to conduct a proper and effective investigation. 7. The learned Government Pleader submits that the police are taking all necessary action for the proper conduct of the investigation. The needful shall be done and the offenders shall be brought to book if it is realised in investigation that any offence has been committed by any person, undertakes the learned Government Pleader. The learned Government Pleader submits that a crime has been registered as Crime No.213/09 of the Vechoochira Police Station. 8. In our jurisdiction to entertain a petition for issue of writ of habeas corpus, we are satisfied that no further directions are necessary. We are satisfied that the alleged detenue is not under any illegal detention or confinement now and is back in the custody/protection of her father - the petitioner herein. We have no reason to assume that the police shall not take necessary action to complete the investigation and bring the offenders to book. Needless to say, the police must discharge their obligation under law to conduct a proper investigation. We accept the submission of the learned Government Pleader and do not think it necessary to issue any further directions. Needless to say, if W.P.(Cri) No. 474 of 2009 -: 4 :- there is no proper investigation, the options available to the petitioner under law to ensure that such a proper investigation is conducted shall remain unfettered by the dismissal of this writ petition. The alleged detenue is permitted to return along with the petitioner - her father, as desired by all concerned. 9. This writ petition is accordingly dismissed. Sd/- R. BASANT (Judge) Sd/- M.C. HARI RANI (Judge) Nan/ //True Copy// P.S. to Judge