Introduction:

The Kerala High Court, in Prabhavathi v. State of Kerala [WP (Crl) 290/2025], directed the police to file a detailed statement regarding the investigation into the disappearance and subsequent death of a 15-year-old girl from Kasargod. The case was heard by a Division Bench comprising Justice Devan Ramachandran and Justice M. B. Snehalatha, who were dealing with a habeas corpus petition filed by the victim’s mother. The petitioner accused the police of inaction, alleging that their failure to act promptly on her complaint led to her daughter’s death. The Court, after perusing the case diary, remarked that the police had indeed taken action, though the quality of the investigation was not for the Court to determine at this stage. However, since the case diary could not be shared with the victim’s parents, the Court directed the police to file a statement detailing the progress of the investigation, allowing the family to understand its trajectory. The matter has been scheduled for further hearing on March 18, 2025.

Arguments of Both Sides:

The petitioner, the mother of the deceased child, argued that her daughter went missing on February 11, 2025, and was allegedly abducted by a 42-year-old taxi driver named Pradeep, who was known to the family. She filed a complaint with the police the same day, but she contended that the authorities failed to act swiftly. According to her, if the police had promptly taken action upon receiving her complaint, the tragic death of her child could have been averted. The petitioner alleged that her daughter was illegally detained and forcefully taken by Pradeep, whose suspicious disappearance alongside the child raised serious concerns. When both the child and Pradeep were later found dead, the petitioner strongly held the police responsible for their alleged delay and inefficiency in investigating the matter. On the other hand, the police, through the state’s legal representatives, contended that they had acted upon the complaint and had been actively investigating the case. They maintained that the case diary reflected consistent steps taken at various stages, refuting the allegation of inaction. The police further submitted that they had followed all due procedures as per law and that the unfortunate outcome of the case was not due to negligence on their part. They argued that while the petitioner might have concerns about the adequacy of the investigation, it was inappropriate to assume that no steps were taken by law enforcement.

Court’s Judgment:

The Kerala High Court, after examining the case diary, acknowledged that the police had taken action in the matter. However, since the case diary could not be disclosed to the child’s family, the Court directed the investigating officer to submit a statement outlining the stages of the investigation to ensure transparency. The Court emphasized that while it was not in a position to comment on the effectiveness of the police’s investigative methods, the records did not indicate complete inaction on their part. The bench observed that the petitioner’s concern about the quality of the investigation was understandable but did not warrant judicial intervention at this juncture. The Court indicated that after reviewing the statement from the police, it would likely close the petition. It also stressed the importance of communication between investigating agencies and victims’ families in such sensitive cases to ensure public confidence in the system. The case is now scheduled for further hearing on March 18, when the Court will review the statement submitted by the police before making a final determination.