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Madambilath Abdulla vs State Of Kerala on 25 May, 2010

Kerala High Court
Madambilath Abdulla vs State Of Kerala on 25 May, 2010
       

  

  

 
 
  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.
                    = = = = = = = = = = = = =
                    W.P.(c).No.15089 of 2010
                   = = = = = = = = = = = = = =
              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

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