IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15089 of 2010(Q)
1. MADAMBILATH ABDULLA,
... Petitioner
2. MOOLAKADATH SAINABA, W/O. ABDULLA,
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. CENTRAL BUREAU OFR INVESTIGATION,
3. DIRECTOR GENERAL OF POLICE, TRIVANDRUM.
For Petitioner :SRI.M.RAMESH CHANDER
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice V.RAMKUMAR
Dated :25/05/2010
O R D E R
V. RAMKUMAR, J.
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W.P.(c).No.15089 of 2010
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Dated this the 25th day of May, 2010
JUDGMENT
The petitioners who are the parents of one Younas seek a
direction to the 1st respondent, State of Kerala to refer Crime
No.153/2010 of Peringome Police Station to the CBI for
investigation. According to the petitioners, one Rajesh who is
politically well connected and who had taken away the mobile
phone of the petitioners’ son Yonus was misusing the mobile
phone and the petitioners’ son is falsely implicated in the above
case.
2. The learned Government Pleader on instructions made
the following submissions before me:-
The investigation is conducted by C.I.of Police , Payyannur.
The investigation so far conducted shows that Thankamma aged
61 years was beaten to the death using an iron pipe and the
murder was for gain. The iron pipe allegedly used for causing
the death of Thankamma has been recovered on the confession
of A1(Younas) and the jewellery of Thankamma has been
recovered from Ali Akbar, the friend of Younas . The said Ali
W.P.(c)No.15089 of 2010
2
Akbar has been arrayed as 2nd accused in the case. The
friendship of A1 and A2 commenced from the Prison, where both
of them were inmates. The presence of A1 at the place of
occurrence had been confirmed by detecting the mobile tower
and also through chance finger prints obtained from the scene of
crime.
3. There are no materials to indicate that the investigation
is proceeding on a wrong track or that the local Police has any
axe to grind against the petitioners’ son, Younas so as to falsely
implicate him in a heinous crime. Investigation by a Central
agency like CBI cannot be ordered on a mere asking. As long as
the investigation by the State Police cannot be said to be one-
sided or biased, this Court cannot entrust the investigation of the
case with a Central agency like the CBI, disregarding the
guidelines laid down by the Apex Court in this behalf.
This Writ petition is accordingly dismissed.
Dated this the 25th day of May, 2010.
V. RAMKUMAR, JUDGE
sj
