IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 WP(C).No. 6955 of 2010(Q) ------------------------- PETITIONER(S): --------------- K.P.RADHAKRISHNAN NAIR, S/O. R.PADMANABHA PILLAI, 'ANJALY', THANNEERMUKKOM.P.O., CHERTHALA, ALAPPUZHA DISTRICT BY ADV. SRI.N.RADHAKRISHNAN SRI.B.V.BALAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT 4. THE DY.SUPERINTENDENT OF POLICE, CRIME BRANCH, ALAPPUZHA DISTRICT. 5. THE ADMINISTRATOR, SRI. CHALINARAYANPURM, TEMPLE, THANNEERMUKKAM.P.O. CHERTHALA, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI.C.S.HRITICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C)No. 6955 OF 2010 -------------------------------------- Dated this the 15th day of June, 2010 JUDGMENT Petitioner, who claims to be a devotee and worshipper of Sri Chalinarayanapuram Temple, Thannirmukkam, Cherthala, seeks a direction to the 1st respondent 'State of Kerala' to entrust the investigation of Crime No.209/2009 of Muhamma Police Station with the 2nd respondent, Director General of Police or any other Senior Police Officer and other incidental reliefs, for the theft of the Thiruvabharanam consisting of precious gold ornaments of the deity. 2. Going by the Ext.P5 FIR in Crime No.209/2009 of Muhamma Police Station registered for offences punishable under Sections 403 and 409 read with 34 IPC, the valuables belonging to the deity were found missing some time during the period between 27.2.2003 and 31.2.2008. The above crime was registered on the complaint lodged by the Deputy Devaswom Commissioner in-charge of the Thiruvabharanam and who is attached to the Travancore Devaswom Board. The FIR was registered on 19.8.2009. The Deputy Superintendent of Police, CBCID, Alappuzha took over the investigation of this W.P(C)No. 6955 OF 2010 : 2 : case on 5.10.2009 and he continued the investigation till 14.1.2010. Following the modernisation of CBCID, further investigation of the case was transferred to the Economic Offence Wing Sub Unit-I, Pathanamthitta. The persons who have been so far arrayed as A1 to A6 are the Administrative Officers of Cherthala, starting from one C.R.Radhakrishna Kurup. The police are seriously investigating into the question as to whether there was any criminal conspiracy hatched between A1 on the one hand and A2 and others on the other. Going by the statement filed by the Detective Inspector, Economic Offences Wing, Sub Unit-I, Pathanamthitta, who is presently in-charge of the investigation of the case, substantial progress has been made in the investigation of the case and he is confident that the culprits will be brought to justice. 3. It is too early for this court to adversely comment upon the investigation thus far conducted in this case. When the detection of the missing ornaments itself was very late and it is also suspected that the Administrators starting from C.R.Radhakrishna Kurup were hand-in-glove in the W.P(C)No. 6955 OF 2010 : 3 : misappropriation of the valuable gold ornaments, there cannot be any miracle displayed by the investigating agency. I am not inclined to say that, the investigation of the case is not proceeding on proper lines. However, the Detective Inspector in-charge of the investigation is given four months time to complete the investigation and submit the final report before the J.F.C.M Court-II, Cherthala. In case the final report filed by the present investigating agency suffers from demonstrable infirmities and can be shown to be the product collusion or connivance, it shall be open to the petitioner to move the Magistrate for further investigation by another agency. The Magistrate may report his recommendations to this court, if he is satisfied that the case requires further investigation by an independent agency. Reserving this right of the petitioner, this writ petition is dismissed. V.RAMKUMAR, JUDGE dmb