High Court Kerala High Court

Kurian @ Kuriakose vs The State Of Kerala Rep.By The on 2 July, 2010

Kerala High Court
Kurian @ Kuriakose vs The State Of Kerala Rep.By The on 2 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(Crl.).No. 85 of 2010(S)


1. KURIAN @ KURIAKOSE,S/O.JOSEPH,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REP.BY THE
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE SUPERINTENDENT OF POLICE,

4. THE CIRCLE INSPECTOR OF POLICE,

5. THE SUB INSPECTOR OF POLICE,

6. SABU,AANJILYMOOTTIL,NEDUMPARAMBU.P.O,

7. VARKEY,KOOVATHOTTATHIL,VELLIYODE,

8. KAKKIYOTTUMMEL ASHOKAN,

                For Petitioner  :SRI.C.R.SIVAKUMAR

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice R.BASANT
The Hon'ble MRS. Justice M.C.HARI RANI

 Dated :02/07/2010

 O R D E R
               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/