2025:KER:24028 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN & THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA THURSDAY, THE 20TH DAY OF MARCH 2025 / 29TH PHALGUNA, 1946 WP(CRL.) NO. 987 OF 2024 PETITIONER: THUSHARA S, AGED 41 YEARS, THUSHARA MANDIRAM KADMPAND NORTH PATHNAMTHITTA, PIN - 691552 BY ADV SHERLY MOL THOMAS RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULM-31, PIN - 682031 2 SUB INSPECTOR OF POLICE, ENATHU POLICE STATION PATHNAMTHITTA, PIN - 691526 3 THE CIRCLE INSPECTOR OF POLICE, ENATHU POLICE STATION PATHNAMTHITTA, PIN - 691526 4 THE MANAGER, KRKPM BOYS HIGH SCHOOL VOCATIONAL - HIGHER SECONDARY SCHOOL KADAMBANADE SOUTH P.O PATHNAMTHITTA, PIN - 691553 *5 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, RING ROAD, THAZEVETTIPURAM, PATHANAMTHITTA, PIN- 689 645 *6 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA 2025:KER:24028 WP(Crl) 987/24 2 PIN-695 010 (ADDL.R5 & R6 ARE IMPLEADED SUO MOTU AS PER ORDER DATED 10.09.2024 IN WP(CRL.) BY ADVS. DILEEP P V P M SHAMEER-GP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 20.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:24028 WP(Crl) 987/24 3 JUDGMENT Devan Ramachandran, J. This is a hard case of the petitioner trying to trace out her missing septuagenarian father of 76 years. 2. There are indications on record, particularly as stated by the learned Government Pleader – Sri.P.M.Shameer, that the alleged detenue was driving a school bus, which met with an accident and that thereafter, he went completely missing. Suggestions are made to the effect that, perhaps the alleged detenue was scared that he will be implicated in cases and that he is absconding on his own; though, the petitioner raises a suspicion that something else has happened to her father. 3. As we have said, no doubt we see the angst of the daughter trying to trace out her missing father. Keeping this in mind, we issued an order on 10.09.2024 in the following manner: The report filed before us by the Police concedes that the alleged detenue has not been yet traced out. 2. However, Sri.P.V.Dileep - learned counsel for the fourth respondent, explained that the bus, which the alleged detenue was driving, met with an accident and that he got scared and perhaps went into hiding. He 2025:KER:24028 WP(Crl) 987/24 4 added that his client has no further information. 3. It is thus obvious that every effort will have to be now taken by the Police to trace out the alleged detenue, particularly because he is a 76 year old man. 4. However, we notice from the pleadings that, except the Sub Inspector and Circle Inspector of Police of the Enathu Police Station, Pathanamthitta, no other responsible officer has been made party. Since even the said Officers say that they have no information about the alleged detenue, we suo motu implead the District Police Chief, Office of the District Police Chief, Ring Road, Thazevettipuram, Pathanamthitta, Pin 689 645; and the State Police Chief, Police Head Quarters, Vazhuthacaud, Thiruvananthapuram, Kerala Pin-695 010, as formal parties. We resultantly direct the District Police Chief, Pathanamthitta, to constitute a special team to trace out the alleged detenue; with consequential direction to the State Police Chief to facilitate every requirement for such. List on 25.09.2024. 4. Thereafter, the matter was considered on 25.09.2024, when a second order was issued ut infra: Read order dated 10.09.2024. A statement has been filed on behalf of Sri.G.Santhosh Kumar, Deputy Superintendent of Police, Adoor - who is stated to be now heading a ‘Special Investigation Team’ (SIT), constituted by the State Police Chief in obedience to our afore order. 2. The learned Government Pleader – Sri.P.M. Shameer, pointed out that every step and measure possible has been taken to trace out the person concerned; but that it has not borne fruit as of now. He assured this Court that all necessary further action for this will be completed and reported to us without any avoidable delay. 3. We do not propose to advise the ‘SIT’ about 2025:KER:24028 WP(Crl) 987/24 5 the manner in which they should investigate, but even though we are now proceeding on the assumption that the person concerned is missing, the other options and alternatives must also be kept in mind, particularly from the angle of violence or such other. Post on 09.10.2024. 5. On 09.10.2024, this matter was again heard and the learned Government Pleader submitted that, in spite of the best efforts of the Special Investigation Team (SIT), led by the Deputy Superintendent of Police, Adoor, the alleged detenue could not be traced out. We, therefore, asked him to file a further report in three weeks as to the progress of the investigation, which led him to file a Memo, including the Action Taken Report, which has been recorded by us in the next order on 06.11.2024. 6. Needless to say, the alleged detenue remains untraced even now and this led us to pass the next order on 06.12.2024, which is self-explanatory and hence, extracted as under: Read order dated 06.11.2024. The learned Government Pleader Sri. P. M. Shameer, submits that efforts are on to trace out the detenue. 2. Smt. Sherly Mol Thomas, appearing for the petitioner, however, submitted that her client has certain serious doubts; and that she wants to discuss 2025:KER:24028 WP(Crl) 987/24 6 the matter with the investigating officer. 3. Sri. P. M. Shameer offered that either the investigating officer can meet the petitioner at her residence, or that she can go and meet him in his office at Pathanamthitta, whichever is suitable to her. He suggested that the time be fixed as 11:00 AM on 09.12.2024. Smt. Sherly Mol Thomas, the learned counsel for the petitioner, submitted that her client will be more comfortable going to the office of the Superintendent of Police and that she will do it at the afore date and time. 4. In the above circumstances, we adjourn this matter to be called on 12.12.2024. 5. In the meanwhile, we leave liberty to the petitioner to meet the Superintendent of Police, Pathanamthitta, at 11:00 AM on 09.12.2024. The report of the discussion between the parties shall be made available to us by the learned Government Pleader on the next posting date. Post on 12.12.2024. 7. On the next posting date, namely 16.01.2025, the learned Government Pleader informed us that the Police will give maximum publicity to the case of the petitioner’s father through every means, including online media and sought two weeks time to report the action taken. Subsequently, the learned Government Pleader confirmed that sufficient information and publicity had been so given; but conceded that still he could not be traced out. 8. Therefore, left without any other option, we requested the 2025:KER:24028 WP(Crl) 987/24 7 learned Government Pleader to provide us the protocol followed by the Police in such cases and this is recorded in our order dated 14.03.2025, which is extracted as under: The learned Government Pleader – Sri.P.M.Shameer, has explained to us the protocol followed by the Police in the case qua the missing persons, particularly when they remain untraced for longer durations. He offered to place the said protocol on record, along with the pleadings, as to the manner in which they have been followed in this case, by the next posting date. We, therefore, adjourn this matter to be called on 20.03.2025; but we must impress upon the Investigating Officer and the team of officers that the petitioner and her family members are going through immeasurable trauma and angst on the missing person not being traced. This shall always be kept in mind by the officers while conducting investigation and top priority shall be invested for resolution. 9. Today a Statement has been filed on behalf of the District Police Chief, Pathanamthitta, which requires to be read in full and hence, is reproduced as under: 1. The above Statement is filed without prejudice to reserve the right of respondents to file a detailed Counter Affidavit in the above W.P.(Crl) at a later stage, if any, found necessary or required. 2. The Writ Petition (Crl) is is filed by the petitioner with a prayer to issue Writ in the nature of Habeas Corpus or any other appropriate Writ, Direction or order directing the respondents to produce 1 to 3 to 2025:KER:24028 WP(Crl) 987/24 8 produce Thulasidharanpilla aged 76 years, the father of the petitioner from the illegal detention of the respondents No.4 before this Hon'ble Court. 3. It is submitted that, I am leading the Special Investigation Team (hereinafter referred to as the "S.I.T") constituted to investigate Crime No. 348/2024, registered U/s. 57 of the Kerala Police Act at Enath Police Station on 07.06.2024. In my capacity as the head of the S.I.T, I am well-acquainted with the facts and circumstances of the case, as revealed from the CD file and related records. 4. It is submitted that, the petitioner has filed this Habeas Corpus petition seeking directions from this Hon'ble Court to respondents 1 to 3 to produce her father, Mr. Thulasidharan Pillai, aged 76 years, who is reported to be missing. 5. It is most humbly submitted that on 11.03.2025, this Hon'ble Court directed the undersigned to provide details of the procedures followed for the nationwide circulation the missing person information. 6. In this regard, it is most respectfully submitted that the State Crime Records Bureau (hereinafter referred to as the "SCRB", serves as the state nodal agency responsible for recording and disseminating missing person information both within the state and nationwide. Additionally, a dedicated wing named TALASH WING' under the SCRB is specifically tasked with overseeing missing person data and coordinating efforts to race missing persons. 7. In pursuant to the direction of this Hon'ble Court, a communication was sent to the Superintendent of Police, SCRB, requesting details of the action plan and measures undertaken to ensure the missing information of Thulaseedharan Pillai was circulated to all police stations across the country. 8. In this regard a reply communication was obtained from the Superintendent of Police, SCRB and they illustrated the time line of action that had undertaken since the receipt of the request of the 2025:KER:24028 WP(Crl) 987/24 9 undersigned dated 31.10.2024 for circulating the missing information of said Thulaseedharan Pillai nationwide. A true copy of the communication received from the Superintendent of Police SCRB is produced herewith and may be marked as Annexure R5 (a). 9. It is most humbly submitted that the details of the unidentified dead bodies and unidentified and persons uploaded in the ICJS portal of National Crime Records Bureau is regularly cross checked with the features of the Thulaseedharan Pillai and no fruitful information was obtained so far. 10. It is most respectfully submitted that extraordinary efforts have been undertaken in this case and all possible measures are being employed to trace the missing person. However, no substantial leads have obtained till date. The investigation remains active and ongoing. Hence it is most humbly prayed that this Honourable Court may be pleased to accept the above Statement and pass appropriate orders in the Writ Petition (Crl) in accordance with law. 10. It is thus obvious that, as far as the SIT of the Police force is concerned, they are employing every step possible to trace out the alleged detenue and we do not find any insouciance or lack of sincerity exhibited. 11. This certainly, brings us to a situation where, in spite of best effort, the alleged detenue still remains untraced. We, therefore, deem it necessary that the investigation be continued until such time as the alleged detenue is traced, but do not deem it necessary to 2025:KER:24028 WP(Crl) 987/24 10 keep this Original Petition pending on the files of this Court any more for such purpose. In the afore circumstances, we dispose of this Original Petition, directing the SIT to continue all their steps and measures to trace out the alleged detenue, involving the petitioner at every level/stage necessary. Even though we are finally disposing of this Original Petition, the first Action Taken Report in this regard shall be placed before us by the SIT on 10.04.2025. Depending upon the inputs we so gather, we will decide the future course of action, as requisite. Needless to say, on the Report being so filed, it shall be placed before us for orders forthwith by the Registry. Sd/- DEVAN RAMACHANDRAN JUDGE Sd/- M.B. SNEHALATHA JUDGE RR 2025:KER:24028 WP(Crl) 987/24 11 APPENDIX OF WP(CRL.) 987/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF FIR NO. 343 DATED 04.06.2024 Exhibit P2 A TRUE COPY OF FIR NO.348 DATED 07.06.2024 Exhibit P3 A TRUE COPY OF COMPLAINT TO D.G.P. DATED 22.07.2024 Exhibit P4 ACKNOWLEDGMENT RECEIPT DATED 22.07.2024 BASED ON PETITIONER’S COMPLAINT, ISSUED BY DISTRICT POLICE OFFICE RESPONDENT ANNEXURES Annexure R5(a) A true copy of communication dated 10-03- 2025 received from the Superintendent of Police, SCRB