IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17283 of 2010(Q)
1. KALIKKODE VEETTIL KELU NAMBIAR,
... Petitioner
Vs
1. DEPUTY SUPERINTENDENT OF POLICE,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
3. THE STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.C.A.JOSEPH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/07/2010
O R D E R
V.RAMKUMAR, J.
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W.P(C) No. 17283 of 2010
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Dated this the 16th day of July, 2010
J U D G M E N T
Petitioner, who was conducting grocery and stationery
business at Parappul, seeks a direction to the 1st respondent
Dy.S.P, CBCID (Crime Branch) to take over the investigation
of the Crime No.65/2010 of Taliparamba Police Station
registered for offences punishable under Sections 143, 147,
448 and 436 read with 149 IPC. The occurrence forming the
subject matter of the above crime took place at 2.30 AM on
16.1.2010. The accused formed themselves into an unlawful
assembly and trespassed into the shop of the petitioner by
breaking the lock of shutter, set fire to the shop and had
blasted the merchandise using explosives. The petitioner has
sustained a loss of Rs.8 Lakh. According to the petitioner, the
investigation by the local police (Taliparamba) has not made in
headway and except the 1st accused namely one Muhammed
Sali rest of the culprits have not been apprehended.
2. The Circle inspector of Police, Taliparamba, who is
in-charge of the investigation has filed a statement in which it
is inter alia stated as follows:-
W.P(C) No. 17283of 2010
: 2 :
“Recently there was series of incidents at
Koranpeedika, Pariyaram, Onaparamba, Echilmotta,
Adipalam, Chithapilepoil etc. of Pariyaram and Ezhome
Panchayats. Several houses were damaged and several
persons sustained injuries. All together 31 crimes
were registered against hundreds of people for
committing riots, unlawful assembly, attempt to
murder, house breaking, dacoity, theft, robbery etc. At
the time and after the above said incident, the police
officers of Taliparamba, Pazhayangadi, Pariyaram
Police Stations and officers of the nearby Police
stations were used to control the situation. Moreover,
Armed force personnels from AR Camp, Kannur as well
as from Armed Battalion such as KIP-IV, MSP,
Malappuram etc. were used. The situation in
Pariayaaram was very tense and to tackle the same, I
and Sub Inspectors of Taliparamba Police Station was
fully engaged and therefore, for some days, I could not
thoroughly purse the investigation of this crime. Now
the situation is fully under control and investigation in
this case is going on, on a full swing. Now the crime is
pending for want of arrest of the remaining persons
and for examination report from the Government
Regional Chemical Examiner’s Laboratory, Kozhikkode.
The police force will try for their level best to
apprehend the remaining accused persons and to book
them properly.”
3. The culprits who are yet to be arrested as per the
said statement are Sajeer.M.K, Noushad.K, Noushad.P,
K.Thajudheen @ Thaju, Ismail, Musammal.K and Hameed.M.K.
4. The learned Public Prosecutor submitted that
investigation is being conducted with all earnestness and
vigilance and that the police will soon complete the
investigation.
W.P(C) No. 17283of 2010
: 3 :
5. I am of the view that some more time can be given
to the Circle Inspector of Police to complete the investigation
within a time frame, failing which, the petitioner can move the
J.F.C.M Court, Taliparamba for entrusting the investigation
with the Crime Branch Police. Accordingly, this writ petition
is disposed of directing the Circle Inspector of Police,
Taliparamba to complete the investigation within three
months from today and file a final report before the J.F.C.M
Court, Taliparamba immediately thereafter. In case the
investigation is not completed and a final report is not filed
as aforesaid, the petitioner shall be entitled to move the
J.F.C.M Court, Taliparamba for appropriate orders including
one for further investigation by the Crime Branch Police in the
light of Sakkiri Vasu v. State of Uttar Pradesh 2008 (1)
KLT (724) SC and Ramesh Kumari v.State (NCT) of Delhi
and others 2006 (2) SCC 677.
V.RAMKUMAR, JUDGE
dmb