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2026 Supreme(Online)(Ker) 12030
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B. SNEHALATHA, JJ
BINDU JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 1507 OF 2025
For the Appellants/Petitioners: SMT.CELINE JOSEPH, SMT.V.C.ARCHANA
For the Respondents: PUBLIC PROSECUTOR
The court mandated police obligation to diligently search for a missing person, despite the person's criminal status.
Headnote:The petitioner petitions for a writ of habeas corpus regarding her missing husband, alleging police inaction. The court initially directed cooperation with an investigation, later ordering the formation of a Special Investigation Team due to new police findings that he may be hiding to avoid multiple criminal charges. The court allowed the writ petition, requiring the team to actively search and report back to the court.
Result: Writ Petition allowed.
| Table of Content |
|---|
| 1. petition for writ of habeas corpus due to missing husband. (Para 1 , 2) |
| 2. court orders a special investigation team for tracing missing spouse. (Para 3 , 4 , 5 , 6 , 7) |
| 3. mandates monthly reporting until resolution. (Para 8 , 9) |
Devan Ramachandran, J.
The petitioner alleges that her husband has vanished without a trace; and that in spite of her repeated requests; the police have done nothing to trace him. She says that she has been, therefore, constrained to approach this court, seeking the issuance of a writ of habeas corpus.
2. We initially took this matter very seriously, as we would do in analogous cases; and issued an order on 12.12.2025 as under:
The learned Government Pleader today submits that the petitioner is not cooperating with the investigation.
Smt. Celine Joseph, appearing for the petitioner, however, contested the same, stating that her client is fully agreeable to cooperate in every manner. We, therefore, adjourn this matter to be called on 16.12.2025 for the learned Government Pleader to file a statement; with a concomitant direction to the petitioner to fully cooperate with the investigation, and we allow the investigating officer to take her statement as has been permitted in law.
Post on 16.12.2025.
3. Thereafter, since nothing turned up and the police kept informing us that the alleged detenue was untraceable, we issued our 2nd order on 23.01.2026, asking the 4th respondent to constitute a Special Investigation Team, to trace out the alleged detenue.
4. Sri. B. S. Syamanthak – learned Government Pleader, today submitted that the Special Investigation Team, as ordered by this court, has been constituted; and the order of the 4th respondent, dated 02.02.2026, in substantiation has been placed on record, along with his memo dated
03.02.2026.
5. The learned Government Pleader, however, told us that the police have obtained information that the alleged detenue may be deliberately keeping away because, he is an accused in at least five criminal cases; and that he has jumped bail, to go into hiding. In fact, we have recorded this in the afore extracted order, dated 23.01.2026, also.
6. Be that as it may, when the petitioner has a case that her husband is missing, it is for the police to maintain every effort to trace and locate him. This cannot be watered down merely because, the alleged detenue is stated to be wanted in criminal cases, or has jumped bail.
7. In the above circumstances, we allow this Writ Petition, recording that the State Police Chief has constituted a Special Investigation Team, headed by the District Police Chief, Kozhikode City; with a concomitant direction to them to maintain effort to trace out the alleged detenue.
8. Even though we are closing this Writ Petition, we leave it open to the learned Government Pleader to immediately inform this Court when the alleged detenue is traced; and any such request to be filed by him shall be brought to us for appropriate orders by the Registry.
9. Until such time as the alleged detenue is traced out, the SIT, through the learned Government Pleader, will file monthly reports in this matter, which will be listed before the Bench for necessary action or orders.
This writ petition is thus disposed of.
Sd/-
