K.Harilal, J

This writ petition has been filed with an allegation that

the petitioner is the wife of the detenu Sunil Babu Rakesh

and he was missing from May 2018. While the petitioner

along with the detenu, was travelling from the State of

Odisha to Kannur, detenu was found missing from the train

at Thalassery Railway Station. Though she had filed a com-

plaint before the 3^rd respondent, as regards the missing of

the detenu, no action has been taken by the respondents 3

to 5.

2.

We directed the 4^th respondent to conduct an en-

quiry as regards the alleged missing of the detenu from the

Thalassery Railway Station and the 4^th respondent has con-

ducted an enquiry in compliance with the said direction and

recorded the statement of the petitioner also. After en-

quiry, the 4^th respondent submitted a report stating that the

alleged detenu was found missing from the Belangir Police

4

Station in Odisha, according to the statement given by the

petitioner to the 4^th respondent. It is also stated in the re-

port that though the petitioner's address is shown as Nirveli

in Kannur, District, in the enquiry, it is revealed that the

petitioner is at present residing at Mahi, Puthusseri State.

Going by the petition also, it is stated that now the peti-

tioner is unaware about the whereabouts of the detenu and

he was missing from Thalassery.

3.

We have gone through the statement given by the

petitioner before the Police. As reported by the Police, the

petitioner's statement shows that the detenu was found

missing from the Belangir Railway Station in Odisha.

Therefore, we find that the allegation that the detenu was

found missing from Thalassery Police Station is made

without bona fide. No part of the cause of action, to issue a

writ of habeas corpus, has arisen in the State of Kerala.

That apart there is no averments in the petition that the al-

leged detenu is under the illegal custody of any person.

In the above analysis, this court lacks jurisdiction to

5

issue a writ of habeous corpus. Hence, this writ petition

will stand dismissed.

Sd/-

K.HARILAL

JUDGE

Sd/-

ANNIE JOHN

Dxy

JUDGE

6

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1

THE TRUE COPY OF THE PETITION DATED 28-

1-19 SUBMITTED TO THE SUPERINTENDENT OF

POLICE, KANNUR POLICE STATION

EXHIBIT P1 A

THE TRUE COPY OF THE RECEIPT DATED 28-

1-2019 FROM THE OFFICE OF

SUPERINTENDENT OF POLICE, KANNUR POLICE

STATION

EXHIBIT P2

THE TRUE COPY OF THE PETITION DATED 10-

03-19 SUBMITTED TO THE SUPERINTENDENT

OF POLICE, KANNUR POLICE STATION.