JUDGMENT

G. Girish, J Aggrieved by the missing of his wife from 19.01.2024 onwards, the petitioner has filed this habeas corpus petition under Article 226 of the Constitution of India, for a direction to the 2nd respondent (Inspector of Police, Payyannur) and the 3rd respondent (Sub- Inspector of Police, Payyannur) for the production of the detenue before this Court, and for further orders on this matter.

2. According to the petitioner, his wife did not return home after she left the house in the morning of 19.01.2024 for leaving their elder child to school. He lodged Ext.P4 complaint before the 3rd respondent on the same day. By 8:00 p.m. on the same day, the 3rd respondent is said to have informed the petitioner that the detenue is with another man, and that the Police have nothing to do with this matter, since she is a major. It is also stated that the 3rd respondent did not care to produce the detenue before the Magistrate concerned to have appropriate orders passed in the matter of her release or proper custody.

3. Today, when the matter was taken up for consideration, the learned Government Pleader submitted that the detenue had eloped with another person, and that the statement of the detenue, recorded by the Police, would reveal that she had voluntarily gone along with the said person, and there is no allegation of the commission of any crime in this matter.

4. As per Section 57(5) of the Kerala Police Act, 2011 the missing person if found on enquiry shall forthwith be handed over to the responsible guardian or produced before the Magistrate having jurisdiction. Sub-Section (6) of Section 57 requires the Magistrate concerned to take such steps as are needed to safeguard the privacy and interest of the detenue, if she is a woman or a child.

5. As far as the present case is concerned, it appears that the above requirements of Section 57 of the Kerala Police Act, 2011, are not complied by respondents 2 and 3. Therefore, it is highly necessary to direct respondents 2 and 3 to take appropriate steps in compliance with Section 57(5) of the Kerala Police Act in this case, relating to the missing of a married woman.

In the result, the Writ Petition is disposed of, as follows;

(i) Respondents 2 and 3 are hereby directed to produce the detenue before the Magistrate concerned (if she is not already produced), and to get appropriate orders on the matter of her release or proper custody.

(ii) The learned Magistrate before whom the detenue is produced shall consider all the facts and circumstances of the case as borne out of the records, and pass appropriate orders concerning the release or proper custody of the detenue.

Sd/-

ANIL K. NARENDRAN, JUDGE