Kerala High Court
Rajendran vs District Police Chief on 20 February, 2025
Author: Devan Ramachandran
Bench: Devan Ramachandran
2025:KER:14390
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 FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(CRL.) NO. 398 OF 2024
PETITIONER:
RAJENDRAN, AGED 58 YEARS,
S/O. KAMARAJ, ASARIPALLAM, MEDICAL COLLEGE,
VADAKKETHERUV, VALIYOOR, THIRUNELVLI,
TAMIL NADU, PIN - 627117.
BY ADVS. ANUPAMA SUBRAMANIAN
K.R.SRIPATHI
RESPONDENTS:
1 DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
THRISSUR, PIN - 680001
2 RAILWAY CONTROL ROOM,
REPRESENTED BY AUTHORISED POLICE OFFICER,
THRISSUR RAILWAY STATION,
THRISSUR, PIN - 680001
3 STATION HOUSE OFFICER,
THRISSUR TOWN EAST POLICE STATION,
THRISSUR, PIN - 680001
4 XXXX
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
-2-
*ADDL.R5 THE SUPERINTENDENT OF POLICE,
RAILWAY POLICE HEAD QUARTERS,
THIRUVANANTHAPURAM, PIN-695014
*ADDL.R5 IS IMPLEADED AS PER ORDER DATED
24.05.24 IN WP(CRL.) 398/2024.
BY ADVS.
SRI P M SHAMEER-GP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 20.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
-3-
JUDGMENT
Devan Ramachandran, J.
The petitioner alleges that his wife -
who will hereinafter be referred to as the
'alleged detenue' - has been missing since
28.03.2023, from the premises near Thrissur
Railway Station.
2. The petitioner explains that he and
the 'alleged detenue' were living in a house
near the railway station, and that she was
teased by a person, leading to a skirmish;
consequently, he having been taken into
custody by the Police on that day. He alleges
that, however, after he had been taken into
custody and subsequently released, he was
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
unable to locate or trace the 'alleged
detenue'; and therefore, that he has been
constrained to approach this Court,
particularly since his complaint before the
Police has not borne fruit. He thus prays
that the 'alleged detenue' be directed to be
produced before this Court by the official
respondents.
2. This Court has considered this
matter on several days in the past; and it is
necessary for us to place on record some of
the orders earlier issued.
3. On 24.05.2024, another Bench of this
Court passed the following order:
We have heard Smt.Anupama
Subramanian, the learned counsel
appearing for the petitioner and the
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
learned Government Pleader.
2. The petitioner was arrested in
connection with Crime No. 909/2023 of the
Thrissur Town East Police Station. He
states that the 4th respondent, his wife
was with him at the time of arrest. She
is however missing since then. According
to him, he had requested the 3rd
respondent to ensure the safety of his
wife.
3. In the statement filed by the
3rd respondent, it is stated that
detailed enquiry has been conducted but
the 4th respondent could not be traced
out. Search was conducted in various old
age homes, hospitals etc. but it was of
no avail. It is further stated that
efforts are being taken to trace out the
missing person.
4. As the petitioner was arrested
inside the premises of the Thrissur
Railway Station, we implead the
Superintendent of Police, Railway Police
Head Quarters, Thiruvananthapuram, Pin-
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
695 014 as an additional respondent. The
additional respondent shall conduct due
enquiry and file a statement before us.
While conducting the enquiry, CCTV
footages of the area shall also be
perused. A report shall be furnished
before this Court within ten days.
Post on 03.06.2024.
4. Thereafter, we heard this matter
on 17.07.2024, when we directed the District
Police Chief to constitute a competent team
of Officers, to trace out the 'alleged
detenue'. The order to such effect is as
follows:
Sri.P.M.Shameer - learned
Government Pleader, says that, in spite
of every effort by the Station House
Officer and a team under him, the alleged
detenue has not yet been traced.
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
We are concerned with the afore
submission because, the alleged detenue
is stated to be suffering from HIV and
also to be visually impaired.
Obviously, more effort will have
to be taken by the Police officials.
We therefore direct the first
respondent - District Police Chief, to
immediately constitute a competent team
of officers to try and trace out the
alleged detenue at the earliest.
A report in this regard shall be
placed before us within ten days.
We direct the Registry to
anonymise the name of the detenue,
wherever it is found in this file,
forthwith.
5. Since there was no progress reported
by the Police to trace out the 'alleged
detenue', we passed a further order on
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
15.01.2025, extracted below:
Sri.P.M.Shameer - learned
Government Pleader, says that the alleged
detenue has still not been traced.
2. We note from the submissions
of Sri.P.M.Shameer that the petitioner
was taken into custody by the police
officer at Town East Police Station,
Thrissur in connection with Crime
No.909/2023. Though, we do not have the
date of the arrest, the learned counsel
for the petitioner says that it was on
28.03.2023; and she also asserts that the
alleged detenue was with him at the time
of such arrest.
3. If the petitioner and the
alleged detenue were together at the time
of the former's arrest, then questions
arise as to who was given notice of the
arrest and in what manner the alleged
detenue was protected by the police
because, she is a blind person suffering
from a very grave disease. This
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
information is not available in any of
the details that have been given to us.
We, therefore, direct the 1st
respondent - District Police Chief to
cause an enquiry on these aspects and
file a report urgently by the next
posting date.
Post on 20.01.2025.
6. The Police, thereafter, filed a
report before us, along with the Memo of the
learned Government Pleader dated 21.01.2025,
which reads ut infra:
The Writ Petition is filed by
Sri.Rajendran, aged 58 years, S/o
Kamaraj, Asaripallam, Medical College,
Vadakketheruvu, Valiyoor, Thirunelveli,
Tamil Nadu, PIN-627 117. The District
Police Chief, Thrissur City, Railway
Control Room, Represented by an
authorized Police Officer, Thrissur
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
Railway Station, Thrissur & Station House
Officer, Thrissur Town East Police
Station, Thrissur are the respondents in
this writ petition.
The Petitioner, through the Writ
Petition, prays the Hon'ble Court for
tracing out the alleged detenue, i.e wife
of the petitioner Mrs.Jameela,
Asaripallam, Valiyoor, Thirunelveli,
Tamil Nadu. The petitioner herein
Mr.Rajendran is the accused in
Crime.909/2023 U/s 324, 308 IPC
registered at Thrissur Town East Police
Station, Thrissur City.
Hon'ble Court in its order in
WP(C) NO. 398/2024 dated 15.01.2025
directed that if the petitioner and the
alleged detenue were together at the time
of the former's arrest, then questions
arise as to who was given notice of the
arrest and in what manner the alleged
detenue was protected by the police
because she is a blind person suffering
from a very grave disease. Therefore, the
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
Court directed the District Police Chief,
Thrissur City (1st Respondent) to cause
an enquiry into these aspects and file a
report urgently.
It is submitted that, as per the
interim direction of the Hon'ble High
Court of Kerala in WP(C) NO.398/2024
dated 15.01.2025, an enquiry was
conducted through Asst. Commissioner of
Police, C Branch, Thrissur City on the
aspects said above and submitted the
report.
In accordance with the report, on
28.03.2023, at 5:00 PM, an altercation
occurred near Diwanji Moola, Thrissur.
During the incident, a knife was swung at
the complainant, Njana Prakashan, who was
seated and polishing shoes. The swing of
the knife resulted in an injury to the
complainant's throat. Following the
incident, after receiving treatment for
his injuries at Thrissur General
Hospital, Njana Prakashan, aged 60, son
of Ramaswami from Melupattapakam,
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
Panguthi Village, Kadalur Mavattam, Tamil
Nadu (residing near the Thrissur Railway
Station area), reported to the Town East
Police Station. His statement was
recorded by Sri.N.B.Sunilkumar, SI of
Police. Town East Police Station on the
same day at 7:00 PM, and a case in Crime
No.909/2023 U/s 324, 308 IPC was
registered against Mr.Rajendran, the
petitioner herein, at the Town East
Police Station, Thrissur City.
At 5:45 PM on 28.03.2023,
Sri.N.B.Sunilkumar, Sub Inspector of
Police, Town East Police Station, went to
the crime scene after receiving
information that the person suspected in
the case had been apprehended by locals
at Diwanji Moola. Upon questioning, it
was confirmed that the suspect was
Rajendran, S/o Kamaraj, Asaripallam,
Medical College, Vadakke Theruvu,
Valliyoor, Thirunelveli. Rajendran was
then taken into custody, underwent a
medical examination, and was brought to
the Town East Police Station, where the
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
complainant identified him. His arrest
was formally recorded on the same day at
9:02 PM. The weapon used in the crime,
along with the shirt worn by the accused,
was seized as evidence following legal
procedures. The accused's wife,
identified as Jameela, was informed about
the arrest, and the phone number
8943814134 was provided to notify
Advocate Edwin Bonnie for legal
assistance. Custody documents were
prepared, and the accused was produced
before the Honorable Court on 29.03.2023.
The Court remanded the accused to
judicial custody until 12.04.2023, and he
was accommodated at the District Jail in
Viyyur as RP 9594.
Subsequently, as part of the
investigation in this case, statements
were recorded from 11 witnesses,
including eyewitnesses present at the
scene. The weapon, a sketch of the scene,
and the Scene Mahazar were submitted to
the court. Additionally, the
complainant's blood sample, the accused's
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
clothing, and the weapon were sent for
scientific examination through the Court.
After the investigation was completed,
the charge sheet against the accused was
submitted before the Honorable Court on
29.04.2023.
On verification of the CD file of
this case, it was found that the accused
was arrested on 28.03.2023, produced
before the Court, remanded to judicial
custody, and enlarged on bail on
24.04.2023. However, upon examining the
details of the charge sheet, on the page
where the information of the accused is
recorded (KPF-No.2, Column 19), it states
that the accused is in judicial custody.
Furthermore, on the fourth page of the
charge sheet, it states that the charge
sheet was prepared and submitted before
the Honorable Court with the assertion
that the accused, Rajendran, is
absconding.
According to the statement of
Sri.N.B.Sunilkumar, Sub Inspector of
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
Police who investigated the case, while
on patrol duty within the jurisdiction of
Thrissur Town East Police Station on the
evening of 28.03.2023, around 5:00 PM, he
received information about a scuffle
between two individuals at a location
called Diwanji Moola. He proceeded to the
scene with his team, where they found
that a person named Rajendran had stabbed
another individual named Njana Prakashan,
who was men taken to Thrissur District
Hospital. Rajendran, who had been
detained by locals and police officers,
was brought to the Police Station in a
Police vehicle. At that time, some nomads
were present at the scene. Upon
questioning them, it was revealed that
Rajendran was a nomad, accompanied by a
woman named Jameela, who was identified
as his wife. At the station, Rajendran
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
confirmed that Jameela was indeed his
wife and that they were living as nomads.
Subsequently, a case was
registered against Rajendran at Thrissur
Town East Police Station as Crime
No.909/2023, U/s 324 and 308 of the IPC,
for stabbing Njana Prakashan. During the
arrest, when Rajendran was asked whom to
inform about his arrest, he stated that
he had no relatives in the area and
mentioned that informing his wife,
Jameela, would be sufficient.
Consequently, Sri.N.B.Sunilkumar, the Sub
Inspector of Police, went to Diwanji
Moola, located Jameela, explained the
case details to her, and informed her
about the arrest. Also, the arrest
information was communicated to Advocate
Edwin Bonnie via phone for legal
assistance. Following legal procedures,
the accused was then produced before the
Honorable Court and remanded. After
completing the investigation, the charge
sheet against the accused was submitted
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
before the Honorable Court on 29.04.2023.
Later, Sri.N.B.Sunilkumar was
transferred to the Traffic Enforcement
Unit and has been working at the Thrissur
East Police Station since December 2024.
It was only after his posting at the
Thrissur Town East Police Station that he
became aware of a case registered based
on Rajendran's complaint regarding the
missing of Jameela. During his
investigation into the missing case, he
found that Jameela had a visual
impairment and was affected by HIV.
Neither Rajendran, Jameela nor any of the
other nomads with them brought this
information to his attention during the
previous investigation. There were no
visible signs of any disability in
Jameela when the arrest information was
communicated. He was informed that
Jameela was residing with Rajendran and
other nomads near the railway station.
According to the statement of
Smt.Sumathi, CPO 5923, who reached the
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
scene of the incident after receiving
information from the Control Room, on
28.03.2023, around 6.00 PM, she
immediately proceeded to the place
Diwanji Moola with WCPO 5606 Sheeba. They
were informed that around 5:00 PM, a
stabbing occurred between two
individuals, during which a person named
Rajendran from Tamil Nadu stabbed someone
named Njana Prakashan. Rajendran was
taken to the Town East Police Station,
while the injured Njana Prakashan was
taken to the hospital. They also learned
from individuals present at the scene
that Rajendran was accompanied by a woman
named Jameela.
When they asked Jameela about the
matter, she did not respond. Those
present mentioned that Jameela and
Rajendran regularly reside near the
railway station area. When they inquired
about arranging shelter for the night at
a relief center or any shelter home,
Jameela refused, and she did not appear
to have any visible illness. Upon
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
returning, they informed the Sub
Inspector, Town East Police Station, and
the Control Room about the situation.
As per the enquiry conducted
under the direction of the Hon'ble High
Court, it is submitted that the Police
personnel who reached the scene on
28.03.2023 to manage the law and order
situation did not find any evidence or
indication that Jameela had visual
impairment or was affected by HIV.
However, neither Rajendran, Jameela, nor
any of the other nomads with them brought
this information to attention during the
arrest of Rajendran. There were no
visible signs of any disability in
Jameela when the arrest information was
communicated by Sri.Sunilkumar, Sub
Inspector of Police, Town East Police
Station. Furthermore, when the women
police personnel arrived at the scene and
enquired about arranging shelter for the
night at a relief center or any shelter
home, Jameela refused the offer, and she
did not appear to have any visible
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
illness.
However, upon noticing the
discrepancy in the charge sheet for Crime
No.909/2023 U/s 324, 308 IPC of Town East
Police Station specifically that it was
submitted before the Hon'ble Court
stating the accused, Rajendran, as
absconding, despite him being arrested
and released on bail, steps are being
taken to conduct a further investigation
in this case. Moreover, an explanation is
being sought from Sri.N.B.Sunilkumar, SI
of Police, Town East PS regarding this
lapse.
Thus, I humbly submit that all
possible measures are being taken to
trace the detenue from our end, and
efforts are ongoing. Considering the
significance of the case, the
investigation of Crime No. 1084/2023 U/s
57 KP Act of Town East Police Station,
which was registered following the
missing of Mrs.Jameela, has been
entrusted to the Assistant Commissioner
of Police, C Branch, Thrissur City, who
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
is the head of District Missing Persons
Tracing Unit, vide order
No.D1/4046/2025/RC Dated 16.01.2025. I
also submit that we will be acting only
legally and will abide by all the orders
issued by the Hon'ble Court in this
regard.
All the facts stated above are
true to the best of my knowledge and
belief.
7. It is thus obvious that the stand of
the Police is that the 'alleged detenue'
refused to be under the protective custody of
the Police; and that she wanted to continue
in the same place where she was living at the
time when her husband - petitioner, had been
taken into custody.
8. This is a rather unfortunate
situation, where the 'alleged detenue' is
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
untraceable; she being confirmed to be with
limited visual capacity and suffering from
HIV infection.
9. We have great anxiety and
apprehension about the life and safety of the
'alleged detenue', and it is indubitable that
every effort possible will have to be taken
to trace her out and present her before this
Court.
10. We notice that this Writ Petition
has been pending before this Court from
02.04.2024; and over a year has passed,
during which period, the Police say they have
taken all steps to trace out the 'alleged
detenue'.
11. In fact, even today,
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
Sri.P.M.Shameer - learned Government Pleader,
submits that the special team is travelling
to Tamil Nadu and Andhra Pradesh, in an
attempt to find out the whereabouts of the
'alleged detenue'; and that they are
confident of achieving a breakthrough.
12. We certainly want the Police to
continue all their efforts in the afore
manner; but are of the opinion that it is not
necessary to keep this Writ Petition pending
on the files of this Court for such purpose.
13. We are of the firm view that the
Police must file monthly reports before this
Court, qua the investigation; or if the
detenue is to be traced out in the meanwhile,
to then place a report to such effect. In
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
either of which events, the Registry shall
place this Writ Petition for our
consideration on the reports.
With the afore direction, we close this
Writ Petition, reiterating that every report
to be filed by the Police shall be placed
before us for our consideration and necessary
orders forthwith. For such purpose, this
matter will be listed before us for the first
report on 24.03.2025.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
Sd/-
M.B.SNEHALATHA
akv
JUDGE
2025:KER:14390
WP(CRL.) NO. 398 OF 2024
APPENDIX OF WP(CRL.) 398/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE ORDER OF THE
HON'BLE 1ST ADDITIONAL SESSIONS,
JUDGE, THRISSUR IN CRL.M.C.NO.536/2023
DATED 24/04/2023
