Riyas vs State Of Kerala And Ors

Vinod Chandran, J

Read order dated 14.12.2020.

The petitioner was before this Court claiming that his brother is under the illegal custody of the 5th respondent. In fact the 5th respondent's brother

had registered a case before the Pattambi Police Station that the 5th respondent's daughter is missing. There is a man-missing case before the

Palluruthi Police Station regarding the brother of the petitioner.

Today, both Shifas, the petitioner's brother and Sreerekha @ Sreekkutti, the 5th respondents daughter, are present before this Court voluntarily

along with the petitioner's Counsel. It is submitted by the learned Counsel that Sreerekha @ Sreekkutti if produced before the Magistrate having

jurisdiction over the Pattambi Police Station, there might be untoward incidents.

In such circumstances, we direct the learned Senior Government Pleader to instruct the Pattambi Police, not to seek for production of the missing

person until further orders from this Court. We direct that both Shifas and Sreerekha @ Sreekkutti shall appear before the Palluruthi Magistrate and

he shall record their statement.

We have interacted with both Shifas and Sreerekha @ Sreekkutti. They submit that for fear of their lives, they had absconded to Tamilnadu. Since

notice has not been issued on the 5th respondent and her daughter has voluntarily appeared here, we deem it appropriate that the 5th respondent be

issued with notice. The SHO Cheruthuruthi Police Station shall intimate the 5th respondent about the pendency of the writ petition and direct her to be

present before this Court on the next posting date.

The matter shall be posted on 17.12.2020 for appearance of the 5th respondent. Both Shifas and Sreerekha @ Sreekkutti, who voluntarily appeared

before this Court, shall, within that time, appear before the Judicial Magistrate having jurisdiction over the Palluruthi Police Station and be present

before this Court on 17.12.2020.â€​

In accordance with our order, notice was served on the 5th respondent through the Station House Officer, Cheruthuruty and the learned

Government Pleader submitted that she has been served with notice and acknowledgement received. There is no appearance.

The person who was alleged to be under illegal detention is before us. He had also been the subject of a man missing case. The 5th respondent's

daughter, who had gone along with the detenue in the present writ petition, is also the subject of a man missing case registered as Crime No.475/2020

at Pattambi Police Station. We directed both the brother of the petitioner as also the daughter of the 5th respondent to appear before the Judicial First

Class Magistrate Court II, Kochi, who has jurisdiction over the Palluruthy Police Station. It is submitted that the statement of both the persons were

recorded by the said Magistrate. The Magistrate shall forward a report to the Magistrate having jurisdiction over Pattambi Police Station and

jurisdictional Magistrate shall close the man missing case on the basis of the statement so recorded by the Judicial First Class Magistrate Court II,

Kochi.

Writ petition stands closed.