IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 CRL.MC.NO. 3911 OF 2010() --------------------------------------- (CRIME NO.191 OF 2010 OF VEEYAPURAM POLICE STATION) PETITIONER(S): ACCUSED: --------------------------------------- ANEESH, AGED 24 YEARS, S/O.ANANDAN, GIRIJA BHAVANAM, ANARI MURI, CHERUTHANA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): COMPLAINANT: -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTORL HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE, MANNAR IN ALAPPUZHA DISTRICT THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SHRO K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.3911 of 2010 ==================================== Dated this the 03rd day of February, 2011 O R D E R Petitioner is accused No.2 in Crime No.191 of 2010 of Veeyapuram police station registered on 20.08.2010 for offence punishable under Sections 302 and 201 of the Indian Penal Code (for short, “the IPC”) in connection with the death of one Vijayakumar. Petitioner says that he has been falsely implicated as second accused in the case due to personal enmity to him by the police officer who is investigating the case. One shibu (accused No.1) was arrested on 25.08.2010. He is said to have told the police that petitioner advised him to conceal the weapon of offence which he did and it is accordingly that petitioner is said to be impleaded in the case. Petitioner submits that the wife of the deceased has already made a representation to the Chief Minister of the State requesting to change the Investigation Officer obviously since she has no confidence in the Investigating Officer. Same is the case of petitioner, it is alleged. Learned Public Prosecutor submits that petitioner is involved in two other murder cases and that materials on record revealed that even before first accused allegedly caused the death of Vijayakumar, petitioner was aware of the impending attack and after the CRL.M.C. No.3911 of 2010 -: 2 :- incident, on the instruction of petitioner over phone the weapon of offence was concealed. Accordingly offence under sections 302, 201 and 109 read with Sec.34 of the IPC were incorporated in the FIR. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. Having heard counsel for petitioner and the Public Prosecutor I am not inclined to think that merely because investigation does not proceed to the liking of petitioner or that petitioner apprehends that he may be falsely implicated, investigation has to change hands. If at all the police officer who is conducting the investigation has any enmity towards petitioner it is open to the petitioner to bring out those matters in the course of trail. If the wife of the deceased has filed any petition before the Chief Minister requesting to hand over the investigation to any other officer it is for the Government to decide on that representation as provided under law. I do not think that on the request of petitioner-accused No.2, investigation has to change hands. Hence I am not inclined to grant the relief prayed for. Criminal Miscellaneous Case is dismissed. THOMAS P. JOSEPH, JUDGE. vsv