IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 Crl.MC.No. 582 of 2011() ------------------------ SC.67/1996 of ASSISTANT SESSIONS COURT, THIRUVALLA .................... (CRIME NO.124/1995 OF KOIPRAM POLICE STATION, PATHANAMTHITTA DISTRICT) ........ PETITIONER(S): ------------------------ ALEYAMMA KOSHY, W/O.GEORGE KOSHY, VELIYATHU MANNIL HOUSE, KOZHENCHERRY, PATHANAMTHITTA. BY ADVS. SRI.S.SUBHASH CHAND, SRI.T.NIKLAVU, SMT.V.AJITHA. RESPONDENT(S): STATE & PUBLIC PROSECUTOR: --------------------------------------------------------------------------- 1. THE DEPUTY SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.582 of 2011 --------------------------------------- Dated this 21st day of March, 2011 ORDER Petitioner claims to be the Branch Manager of Muthoot Fincorp Ltd, Ayroor Cherukolpuzha Branch at Ranni in Pathanamthitta District. On 07.07.1995 at about 12.00p.m it is stated that a robbery took place in the Ayroor Cherukolpuzha Branch of the erstwhile Muthoot Bank and gold ornaments, currency notes and other valuable items worth `.7,65,266.10/- were stolen. Police registered a case. Certain persons were arrested in connection with the said incident. Of them, accused Nos.1, 3 and 5 faced trial and they were convicted as seen from Annexure-1, judgment dated November 29, 1997. Grievance of petitioner is that thereafter, no steps were taken by the police to apprehend accused Nos.2, 4 and 6 who are absconding. Their trial is being delayed. In the meantime valuable property which were recovered by the police including gold items pawned with the bank referred above are kept under the custody of Court. Customers of the bank who pledged the same are demanding it. In the circumstance, it is prayed that a direction may be issued to respondent Nos.2 and 3 to constitute a special investigation team Crl.M.C.No.582 of 2011 -: 2 :- to apprehend accused 2, 4 and 6. It is also prayed that MOs.1 to 63 and 88 may be returned to the petitioner subject to appropriate condition as this Court may impose. Learned counsel has submitted that in spite of elapse of fifteen years after the disposal of the case against accused 1, 3 and 5, no action has taken by the police to apprehend accused 2, 4 and 6. Learned counsel also highlighted the difficulties being experienced by the bank since the customers are insisting for delivery of gold ornaments which they had pledged with the bank. Learned counsel requested that while issuing direction to respondents 2 and 3 to constitute a special team to apprehend accused 2, 4 and 6, the material objects (Mos.1 to 63 and 88) may be returned to the petitioner on appropriate condition. Learned Public Prosecutor submitted that investigation of the case was conducted by the Dy.S.P, Pathanamthitta and that present incumbent in that office took charge only on March 3, 2011 and the said officer will make earnest effort to trace the absconding accused. 2. I have gone through the statement filed by the Dy.S.P, Pathanamthitta. In paragraph 2 it is stated that he took charge on 03.03.2011. The message dated 23.02.2011 from the office of the Crl.M.C.No.582 of 2011 -: 3 :- learned Advocate General was received by his predecessor-in- office. Immediately after he took charge he has taken steps to verify the records and the CD file pertaining to Crime No.124 of 1995 on Koipuram Police Station (the case on hand) but on verification of the station records it was gathered that the CD file pertaining to the case has been sent to the office of the learned Public Prosecutor on 05.05.2001. In spite of efforts made by the Dy.S.P to locate the CD file and connected records, the same could not be traced out. The Dy.S.P requested that he may be granted some time to trace out the above records and proceed in the mater to find out the absconding accused. 3. There is some merit in the grievance of petitioner that for quite some time no action was taken by the police officer concerned to apprehend the absconding accused as is evident from the fact that even the CD file is not available at the Police Station. Necessarily that should not have been the attitude of the police and they should have been vigilant in the matter of apprehending the absconding accused as well. 4. The present Dy.S.P has taken charge only on 03.03.2011 and though pursuant to the message received from the office of the Advocate General by his predecessor-in-office, he Crl.M.C.No.582 of 2011 -: 4 :- is looking into the matter and is trying to get the CD file which is said to be not available. In case the CD file stated to be entrusted to the office of the Public Prosecutor is not available, the Dy.S.P has to adopt other methods to get a copy of the CD file which I am told, is prepared in triplicate with one copy sent to the office of the Dy.S.P and other, to the Crime Records Bureau of the District. If the original CD file said to be given to the Public Prosecutor is not available, necessarily the Dy.S.P has to look for the copy of the CD file from his own office or from the office of the Crime Records Bureau. He has also make efforts to trace the absconding accused and if necessary by constituting a special team for the said purpose. The matter cannot prolong further. 5. So far as return of the material objects is concerned, learned counsel submitted that he may be permitted to pursue his remedies before trial court. Having regard to the request made I am inclined to allow that. Resultantly this petition is disposed of in the following lines: (i) So far as return of material objects referred to in this petition is concerned, petitioner is permitted to avail other remedies if any available to her and as provided under law. (ii) So far as the absconding accused 2, 4 and 6 are concerned, the Dy.S.P, Pathanamthitta is Crl.M.C.No.582 of 2011 -: 5 :- directed to ensure that they are apprehended as early as possible and if necessary for the said purpose by constituting a special team bearing in mind that the sessions case of 1996 concerning those accused has not so far been disposed of and that the trial of absconding accused is pending since the last more than fifteen years. (iii) He shall ensure that if the original CD file is not available, its copy is obtained either from his own office or from the office of the Crime Records Bureau as the case may be. (THOMAS P JOSEPH, JUDGE) Sbna/-