IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 5TH MARCH 2009 / 14TH PHALGUNA 1930 Crl.MC.No. 481 of 2009(A) ---------------------------- CP.135/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI (CRIME NO.180/08 OF RANNI POLICE STATION) .................... PETITIONER(S): DEFACTO COMPLAINANT ------------------------------------------------ AYOOOB KHAN, AGED 42 YEARS, S/O.M.M.THAMPI,MELE VEETIL,THRIKKOMALA,RANNI, BY ADV. SRI.V.SETHUNATH RESPONDENT(S): RESPONDENTS ---------------------------------------- 1. THE CIRCLE INSPECTOR OF POLICE RANNI POLICE STATION. 2. STATE OF KERALA REPRESENTEDBY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 481 OF 2009 = = = = = = = = = = = = = = = Dated this the 5th day of March, 2009. O R D E R This petition is filed with a prayer to call for the records in Crime No.180/08 of Ranni Police Station pending as C.P.No.135/08 of the Judicial First Class Magistrate, Ranny and order further investigation under Section 173(8) of Cr.P.C. by a superior police officer. As per the final charge submitted by the police the case is registered u/Ss.143, 147, 148, 149, 324, 308, 294(b) r/w S.149(1) IPC. The case of the defacto complainant is to the effect that weapons used are a stick, stone covered in a towel and sword. But the accused has not been questioned on the same and it has not been recovered also. In paragraph 4 of the statement filed by the Circle Inspector of Police, Ranny Police Station it is submitted that these weapons were not recovered only because they were not questioned or arrested by the Investigating Officer and that they got bail from the Court. Or in other words the investigating agency wants to project Crl.M.C. 481 OF 2009 -:2:- that things could not be done because of the bail granted by the Court. It is quite unsatisfactory. Even in the bail order it is clearly stated to the effect that the accused must be available when required for interrogation. It is absolutely necessary to interrogate about the weapons. In a case of this nature where things are of a very serious nature it is desirable that investigation is done in the proper direction. Therefore I direct a superior officer in the rank of a Dy.S.P. to further investigate into the matter and submit a final report before the Court. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-