IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 WP(C).No. 452 of 2011(F) ------------------------ PETITIONER: --------------- SANIL BABU, AGED 32 YEARS, S/O. LATE PULACKAL BAVA, ANGADIPPURAM, ARIPRA P.O., VALAMBUR AMSOM, THIRURKKADU DESOM, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENTS: --------------- 1. THE DISTRICT SUPERINTENDENT OF POLICE, MALAPPURAM DISTRICT-676 505. 2. THE DEPUTY SUPERINTENDENT OF POLICE, PERINTHALMANNA, MALAPPURAM DISTRICT-676 505. 3. THE SUB INSPECTOR OF POLICE, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT-676 505. 4. ARANGADAN NOUSHAD @ VAPPU, S/O. ARANGADAN KUNJIMUHAMMED, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. 5. SAMEER, S/O. BEERAN, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. 6. UMMAR, S/O. MAYIN, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. 7. ANWAR, S/O. BEERAN, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. 8. ASHIQ, S/O. UMMER, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. 9. SADIQUE, S/O. ASHARAF, ARANGODAN HOUSE, ARIPPRA P.O., ARIPRATHAZHE, MALAPPURAM DISTRICT-679 321. WP(C).No. 452 of 2011 10. MAJEED, S/O. ABU, AALAKKATHODI HOUSE, VADAKKANKARA P.O., KUZHARAMBU, MAKKARAPARAMBU, MALAPPURAM DISTRICT-676 505. PUBLIC PROSECUTOR: ADV. SMT. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.452 of 2011 --------------------------------------- Dated this 11th day of January, 2011 JUDGMENT Petitioner is the de facto complainant in Crime No.1335 of 2010 of the Perinthalmanna Police Station for offences punishable under Secs.143, 147, 148, 323 and 324 r/w Sec.149 of the Indian Penal Code, registered against respondent Nos.4 to 10. Grievance of petitioner is that some of the respondents have already gone abroad and, certain others are making hasty attempts to do so but in spite of that the investigation agency is adopting a complacent attitude in the matter allowing the culprits to go abroad. Petitioner therefore seeks a direction to respondent Nos.1 to 3 to arrest such other respondents who are available and to conduct proper investigation in the case. Learned counsel submits that the investigation conducted is nothing but a mockery, in that the culprits are going scot free and some of others have gone abroad. 2. I do not think that it is required to give a direction to the Investigating Officer to arrest any of the suspects or accused as the case may be. That is a matter within the realm of investigation. However, it is for the investigating authority to W.P(C).No.452 of 2011 -: 2 :- ensure that investigation is effectively done so that, culprits are brought to book and they faced to trial before the court. The Investigating Officer cannot be complacent in the matter, if the accused or suspects are going abroad. He is expected to be vigilant in the matter. There is no reason, now, to think that he will not discharge the statutory obligations on him. Investigating Officer is directed to complete the investigation as early as possible as provided under law. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-