IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(Crl.).No. 341 of 2008(S)
1. SANTHOSH, S/O.A.S.SOMAN,
... Petitioner
2. THANKACHAN, KALLUVILAYIL VEEDU,
Vs
1. THE ASSISTANT SUPERINTENDENT OF POLICE,
... Respondent
2. SUB INSPECTOR OF POLICE,
3. SUB INSPECTOR OF POLICE, KONNI POLICE
4. SURESH ALIAS PODI, S/O.KOCHURAMAN,
For Petitioner :SRI.MANOJ RAMASWAMY
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice K.T.SANKARAN
Dated :11/11/2008
O R D E R
KURIAN JOSEPH & K.T. SANKARAN, JJ.
.................................................
W.P.(Crl. )No. 341 OF 2008
...................................................
Dated this the 11th November, 2008
J U D G M E N T
Kurian Joseph, J:
The fourth respondent has been produced by the police.
It is submitted that the police had registered a case in connection
with the missing of Sheeja, the wife of the first petitioner as
Crime No. 586 of 2008 of Konni Police Station. The detenue had
appeared before this court by order dated 31.10.2008 and we
had permitted Sheeja to go with her husband and children. It is
also submitted that Crime No.631 of 2008 registered by the
Pathanapuram Police under section 366 of IPC read with Section
34 is also under investigation. Since the detenue had appeared
before this court and this Court having permitted the detenue to
go with her husband and children, we do not think that any
further orders are necessary in this Writ Petition, except to direct
the police to continue the investigation in accordance with law,
keeping in mind the observation made by this Court in the order
dated 31.10.2008 that there are several such type of cases of
W.P.(Crl. )No. 341 OF 2008
2
missing of married women in Thiruvananthapuram, Kollam and
Pathanamthitta districts.
The Writ Petition is disposed of.
KURIAN JOSEPH,
JUDGE.
K.T. SANKARAN,
JUDGE.
lk
W.P.(Crl. )No. 341 OF 2008
3
KURIAN JOSEPH & K.T. SANKARAN, JJ.
………………………………………….
W.P.(Crl. )No. 341 OF 2008
……………………………………………
Dated this the 31st October, 2008
O R D E R
Kurian Joseph, J:
The petitioners had complained that Sheeja, wife of the first
petitioner was missing ever since 01.10.2008. The first petitioner has
two children in her. Sheeja was traced out and produced before this
Court. It was submitted that she was enticed by the fourth respondent
and she fell into that trap. It was brought to our notice that there are
several such type of cases wherein married women were enticed away,
particularly in Thiruvananthapuram, Kollam and Pathanamthitta
districts. The third respondent who was present before this court had
W.P.(Crl. )No. 341 OF 2008
4
undertaken that the investigation of the case registered by the said
respondent in connection with the missing of Sheeja , i.e. Crime No.
586 of 2008 of Konni Police Station was in progress and that the police
will apprehend the fourth respondent. There is no appearance of the
fourth respondent so far. The third respondent submits that he is not
in a position to trace out the fourth respondent.
2. We direct the Assistant Superintendent of Police, Punalur Sub
Division (first respondent) to personally investigate the Crime No. 586
of 2008 of Konni Police Station, particularly with regard to the role
played by the fourth respondent and file an affidavit before this Court
as to the investigation so far conducted by him. The affidavit shall be
filed within a week from today.
3. Post on 07.11.2008.
Hand over copy of the order to the Government Pleader for
communication to the first respondent.
KURIAN JOSEPH,
JUDGE.
W.P.(Crl. )No. 341 OF 2008
5
K.T. SANKARAN,
JUDGE.
lk