IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 29TH JANUARY 2008 / 9TH MAGHA 1929 WP(C).No. 24027 of 2007(I) ------------------------------------------- PETITIONER: ----------------------- BHUVANACHANDRAN NAIR, S/O.THANKAPPAN PILLAI, VADAKKEVILA VEEDU, PARACKAL, VENJARAMMOODU, THIRUVANANTHAPURAM. BY ADV. SRI.SAJU.S.A RESPONDENTS: ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, THIRUVANANTHAPURAM RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, KURAVANKONAM, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR OF POLICE, VENJARAMMOODU POLICE STATION, VENJARAMMOODU, THIRUVANANTHAPURAM. 4. THE SUB INSPECTOR OF POLICE, VENJARAMOODU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.M.S.BREEZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C ) NO. 24027 of 2007 * * * * * * * * * * * * * * * * * * Dated: 29-01-2008 JUDGMENT Petitioner who is the de facto complainant in Crime No. 354 of 2005 of Venjaramoodu Police Station, originally registered for offences punishable under Sections 143, 147, 148, 149, 341, 324, 326, 308, 379 and 427 read with Sec. 149 I.P.C. and Sec. 27 of the Arms Act, seeks a direction to hand over investigation of the above crime to the Crime Branch Police and for a direction to respondents 2 and 1 respectively to dispose of Exts.P3 and P4 representations in which the petitioner has been expressing dissatisfaction over the investigation conducted by the Venjaramoodu Police. The occurrence took place on 19-5-2005. When this Writ Petition was filed on 3-8-2007 the investigation was not complete and this Court had been issuing interim orders to monitor the investigation and in the last of the reports dated 19-11-2007 filed by one George Koshy, Circle Inspector of Police, Venjaramoodu it is stated that the charge sheet has already been filed against this accused persons and that offences punishable under Sections 379 and 427 I.P.C. were deleted as his investigation did not reveal the commission of those offences. Surprisingly enough, W.P. (C ) NO. 24027 of 2007 -:2:- the said statement also shows that the first accused was not arrested. It is mentioned that the first accused Santhosh is working as Second Grade Assistant in the office of the Kerala University, Thiruvananthapuram, and he had filed a petition before the Superintendent of Police , Thiruvananthapuram, stating that he is innocent of the allegations and he has been falsely implicated in the case. The Circle Inspector proceeds to say that the former Circle Inspector of Police, Venjaramoodu had enquired into the allegation of Santhosh and found that his plea of innocence was not correct and that he was involved in the present case. In spite of that it is surprising that the first accused has not been arrested. If he is an employee of the Kerala University, Thiruvananthapuram, it was easier for the Investigating Officer to arrest him and record his statement. He does not enoy any immunity from arrest. This strengthens the apprehension of the petitioner that there is an attempt by the police to shield the first accused. According to the petitioner, the first accused, Santhosh is the 3rd accused in Crime No. 631 of Venjaramood Police Station and in the calender case registered by the J.F.C.M. II Attingal, the first accused Santhosh is regularly appearing before the Magistrate. Still he has not been arrested by the Circle Inspector. Even after the lapse of more than two years of the occurrence, this is the final outcome of the investigation conducted W.P. (C ) NO. 24027 of 2007 -:3:- by the Circle Inspector of Police , Venjaramoodu. This Court had made adverse remarks against the then C.I. of Police on whose behalf was a statement was filed and signed by the Sub Inspector of Police. Such being the position, I am sure that the investigation of the case has not been conducted in a fair and impartial manner and the request of the petitioner to transfer the investigation to the Crime Branch Police is fully justified. Accordingly, the investigation of the case shall be handed over to the Crime Branch Police for further investigation under Sec. 173 (8) Cr.P.C. . The first respondent, Director General of Police shall pass urgent orders entrusting the investigation of Crime No. 354 of 2005 of Venjaramood Police Station to the Crime Branch Police. Orders in that behalf shall be passed within two weeks from the date of receipt of a copy of this Judgment. The Officer of the Crime Branch Police should thereafter conduct a fair and impartial further investigation and file the supplementary report under Section 173 (8) Cr.P.C. read with Sec. 173 (2) before the J.F.C.M. Court - I Nedumangad. This Writ Petition is allowed as above. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ W.P. (C ) NO. 24027 of 2007 -:4:- ani.