IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 6058 of 2009(Q) -------------------------------------- CRIME NO.88/2006 OF ANCHAL POLICE STATION. ............... PETITIONER(S): ----------------------- SANTHAMMA, D/O. LATE VELAYUDHAN PILLAI, AGED 55 YEARS, RAJANI VILASAM VEETTIL, ALAYAMON POST, ANCHAL VILLAGE, PATHANAPURAM TALUK, KOLLAM DIST, NOW RESIDING AT MANGALASSERY HOUSE, MURUNTHEL CHERRY, PERINAD POST, KOLLAM. BY ADV. MR.K.P.RAMACHANDRAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY (HOME) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, KOLLAM. 4. INSPECTOR GENERAL OF CRIME BRANCH, THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE, CRIME BRANCH CID, CRIME BRANCH CID OFFICE, KOLLAM. 6. DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH CID, CRIME BRANCH CID OFFICE, KOLLAM. 7. DETECTIVE INSPECTOR, CRIME BRANCH CID, CRIME BRANCH CID OFFICE, KOLLAM. 8. JOINT DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. 9. THE SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION-COCHIN UNIT, KATHRIKKADAVU ROAD, COCHIN. WP(C).No. 6058 of 2009(Q) 10. SRI. DIVIL KUMAR, AGED 23 YEARS, S/O. BAHULEYAN PILLAI, KOCHUMADAPPILIL VEEDU, CHANDRAVILASAM, THEKKEBHAGAM, ALAYAMON VILLAGE, ANCHAL, KOLLAM. 11. SRI RAJESH, AGED 28 YEARS, S/O. KUNHIKANNAN, PUTHUSSERI VEETTI, KAITHAPURAM, SREEKANTESWARAM, THALIPPARAMBU KANNUR DISTRICT. 12. SRI. SREEKUMAR, AGED ABOUT 33 YEARS, S/O. GOPI PILLAI, THEKKU VILA VEEDU, THADIKKAD POST, PATHANAPURAM TALUK,KOLLAM DIST. R8 & R9 BY ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. . R1 TO R7 BY MR.V.G. GOVINDAN NAIR, DIRECTOR GENERAL OF PROSECUTION. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.6058 OF 2009 ------------------------------------------ Dated 15th January 2010 JUDGMENT Mother of the deceased Ranjini who was murdered along with her twin babies filed this petition under Article 226 of Constitution of India for a writ of mandamus directing respondents 1, 2, 4 and 5 to entrust investigation to ninth respondent C.B.I contending that the case is not properly investigated and can only be properly investigated by the Central Agency. 2. Learned Director General of Prosecution made available the communication received from the Additional Chief Secretary intimating that the Government has no objection for handing Wpc 6058/09 2 over of crime 200/CR/KLM/06 of CBCIC (crime No.88/2006 of Anchal police station) to C.B.I for investigation. Learned Director General of Prosecution submitted that investigation revealed that Ranjini and her twin daughters aged seventeen days were murdered and as the suspected persons were in military service and for an effective investigation, investigation by the Central Agency is necessary and therefore, investigation could be entrusted to C.B.I. 3. Considering the nature of the case, the suspected culprits and the fact that an effective and purposeful investigation is not possible by the State Police, the learned Director General of Prosecution agreed for the suggestions of an investigation by the C.B.I. Petition is disposed directing second respondent Director General of Police to Wpc 6058/09 3 entrust investigation of crime No.200/CR/KLM/06 of CBCID (crime No.88/2006 of Anchal police station) to ninth respondent, Central Bureau of Investigation. The Central Bureau of Investigation shall take over the investigation and conduct a proper, and effective and expeditious investigation without delay. M.SASIDHARAN NAMBIAR, JUDGE. uj.