IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 513 of 2009(S)
1. G.KRISHNAN, AGED 55, S/O.GOVINDAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. SUPERINTENDENT OF POLICE, THALASSERY.
3. CIRCLE INSPECTOR OF POLICE, THALASSERY.
4. PRASANTH @ KARUVAN PRASANTH, S/O.BABU,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :18/12/2009
O R D E R
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 513 of 2009-S
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Dated this the 18th day of December, 2009
JUDGMENT
Basant,J.
The petitioner has come to this Court for issue of a writ
of habeas corpus to search for, trace and produce his daughter
Ms.Reshma – a minor girl aged below 18 years – she having
been born on 9/4/92. She was allegedly missing from 23/10/09
and the petitioner apprehended that she was being illegally
detained by the 4th respondent – a person in the locality, who,
according to the petitioner, has a questionable past. A crime
was registered by the police. But, according to the petitioner,
the necessary and efficient action was not taken by the police
and it was that which obliged him to come to this Court with
this petition on 3/12/09.
W.P.(Cri) No. 513 of 2009 -: 2 :-
2. This petition was admitted on 4/12/09. This matter
came up for hearing on 8/12/09. This judgment must be read in
continuation of our earlier order dated 8/12/09. All the
respondents have been served. The 4th respondent has not
appeared before this Court. It is submitted at the Bar that he is
involved in another crime and he has been arrested and detained
in such crime.
3. Today, when the case is called, the petitioner and his
wife are present. He is represented by a counsel. Along with
them, the alleged detenue has also come to Court.
4. We permitted the alleged detenue to remain in the
Chamber without opportunity for any one to influence or interact
with her. After lunch recess, we interacted with the alleged
detenue alone initially; but later, in the presence of the
petitioner and his wife. The learned counsel for the petitioner
and the learned Government Pleader were also present.
5. The alleged detenue is a minor girl who has not attained
the age of majority. She was born on 9/4/92. The learned
Government Pleader submits that after the filing of this case, on
9/12/09 the alleged detenue was traced and was produced
before the learned Judicial Magistrate of the First Class,
Thalassery. The learned Magistrate had entrusted the alleged
detenue – the minor girl, to the custody of the petitioner and
accordingly the minor girl has been with her father from that
W.P.(Cri) No. 513 of 2009 -: 3 :-
date.
6. In our interactions with the minor child, she states
unambiguously that she is not under any illegal custody or
detention and that she now wants to return along with her
parents with whom she has come to Court today. She being a
minor and we having satisfied ourselves that she is not under the
illegal custody or detention of any one, we are satisfied that this
writ petition can now be closed and there is no need to issue any
further directions.
7. In the result:
(a) This writ petition is allowed.
(b) The alleged detenue Ms.Reshma, who has come to
Court along with the petitioner and his wife – her parents, is
permitted to leave the Court along with her parents with whom
she has come to Court today.
8. The learned Government Pleader submits that the
needful shall be done in accordance with law by the police in the
crime that is already registered.
Sd/-
R. BASANT
(Judge)
Sd/-
M.C. HARI RANI
(Judge)
Nan/ //true copy// P.S. to Judge
W.P.(Cri) No. 513 of 2009 -: 4 :-
R. BASANT &
M.C. HARI RANI, JJ.
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W.P.(Cri) No. 513 of 2009-S
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Dated this the 8th day of December, 2009
ORDER
Basant,J.
The 4th respondent has been served indirectly by service on
his mother. There is no representation for the 4th respondent.
The learned Government Pleader, on behalf of respondents 1 to
3, submits that Crime No.641/09 of the Thalassery Police
Station was registered on 25/10/09 alleging the
disappearance/missing of the minor daughter of the petitioner –
Ms. Reshma by name. The learned Government Pleader submits
that the police are effectively investigating into the crime; but
they have not been able to trace the alleged detenue and the 4th
respondent so far. The learned Government Pleader further
submits that the 4th respondent is required to be arrested as an
accused in Crime No.555/09 of the Thalassery Police Station
registered under Sec.395 IPC. In these circumstances, the
learned Government Pleader, on behalf of respondents 1 to 3,
W.P.(Cri) No. 513 of 2009 -: 5 :-
prays for further time for the Investigating Officer to complete
the investigation and trace the alleged detenue and the 4th
respondent. Every effort is being made and the police do expect
to produce tangible results within a short period of time, submits
the learned Government Pleader.
2. We note that the alleged detenue is a minor girl
allegedly born on 9/4/92. The police must imbibe a sense of
expedition and urgency and must duly take note of the anxiety
and apprehensions of the petitioner. No stone should be left
unturned by the police to trace the alleged detenue
expeditiously. We accept the request of the learned Government
for further time to trace the alleged detenue and the 4th
respondent. But we are satisfied that appropriate directions
must be issued to the 2nd respondent. The 2nd respondent
described as the “Superintendent of Police, Thalassery”, is the
Superintendent of Police, Kannur. We deem it necessary to
issue specific directions to the 2nd respondent to personally
supervise and monitor the investigation and ensure that tangible
results are produced by the next date of posting. The 2nd
respondent shall, if necessary, entrust the investigation to more
senior and competent hands of any specialised agency if he feels
the necessity for such entrustment. At any rate, we expect the
2nd respondent – the Superintendent of Police, to ensure that the
alleged detenue is produced before the next date of posting. If
W.P.(Cri) No. 513 of 2009 -: 6 :-
the alleged detenue is traced before the next date of posting, she
shall promptly be produced before the learned Magistrate who
shall be at liberty to pass appropriate orders ensuring that the
alleged detenue is available before this Court on the next date of
posting. If she is not traced by the next date of posting, the 2nd
respondent shall file a detailed statement explaining to this
Court the steps taken, the clues collected and the results
achieved.
3. Call on 18/12/2009.
4. Hand over a copy of this order to the learned
Government Pleader for immediate communication to the 2nd
respondent.
R. BASANT
(Judge)
M.C. HARI RANI
(Judge)
Nan/