ANTONY DOMINIC, J. The petitioner is the mother of Ramya. Ramya is married to one Satheesan, who is employed abroad. Ramya was staying with the petitioner in her house. While so, she was found missing from 7.4.2014. According to the petitioner, the 4th respondent was troubling her even earlier and from her enquiry, she came to know that her daughter is in the illegal confinement of the 4th respondent, whose mother is the 5th respondent. It is further submitted that she made a complaint to the 3rd respondent and though crime No.608/2014 under Section 57 of the Kerala Police Act was registered, efforts are not being made to trace out the detenue. It is in these circumstances, the Writ Petition is filed with a prayer to issue a writ of habeas corpus to set her daughter at liberty.
2. When the case came up for orders on 4.6.2014, this Court directed the learned Government Pleader to obtain instructions in the matter. Accordingly, the learned Government Pleader obtained a report from the 3rd respondent, which was made available to us. The report shows that after crime No.608/2014 was registered, the detenue's husband and his relatives were contacted by the 3rd respondent, when it was revealed that the detenue had eloped with the 4th respondent, who was a close friend of the husband of the detenue. It is also stated that when questioned, the petitioner herself revealed that on 4.6.2014, the 4th respondent called her over telephone and told her that the detenue is with him. It is stated that the enquiry revealed that the call was made from a coin box telephone booth at Hosur in Tamilnadu. It is further revealed that the 5th respondent informed the 3rd respondent that on 9.4.2014 the 4th respondent and the detenue visited the 4th respondent's sister's house at Bangalore. This was confirmed by the 4th respondent's brother-in-law.
3. Evidently, therefore the facts that are gathered in the enquiry do not suggest that it is a case of illegal detention and instead, we are inclined to think that this is a case where the alleged detenue had eloped with the 4th respondent, her lover.
Be that as it may, crime No.608/2013 has been registered by the 3rd respondent. Therefore, the investigation has to be continued and once the detenue is traced out, she has to be produced before the concerned Judicial Magistrate under intimation to the petitioner. This, the Police shall do. As we do not find it to be an illegal detention, we are not inclined to entertain this Writ Petition. Accordingly, the Writ Petition is closed.
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ANTONY DOMINIC, JUDGE Sd/-
sdk+ ALEXANDER THOMAS , JUDGE ///True copy/// P.S. to Judge