IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 WP(Crl.).No. 106 of 2011(S) ----------------------------------- PETITIONER(S): ---------------------- R.RAVI, S/O. RAMAKRISHNAN,'RESMI' UNION CLUB ROAD, KOTTAYAM - 1. BY ADV. SRI.JAMES KURIAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, TRIVANDRUM. 695 001. 2. THE SUPERINTENDENT OF POLICE, KOTTAYAM.686 001. 3. CIRCLE INSEPCTOR OF POLICE, KOTTAYAM WEST, KODIMATHA, KOTTAYAM.686 001. 4. SUB INSPECTOR OF POLICE, KOTTAYAM WEST, KODIMATHA, KOTTAYAM. 5 JAYAMOHAN, AGED ABOUT 30 YEARS, RESIDING AT MEDICAL REPRESENTATIVE ASSOCIATION BUILDING NEAR UNION CLUIB, WARD, KOTTAYAM PIN 682 018. R1 TO R4 BY GOVT. PLEADER SRI.C.M.KAMAPPU R5 BY ADV. SRI.KISHOR B. THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.106/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN & K.SURENDRA MOHAN, JJ. ----------------------------------- W.P(Crl.).No.106 OF 2011 ------------------------------------ Dated this the 15th day of July, 2011 JUDGMENT Thottathil B.Radhakrishnan,J. This writ petition has reached a stage where the allegation that the person of Aneesh Kumar @ Binu is in illegal detention no more gains importance as the police are ahead with investigation into the man missing case in relation to him. The statement on record shows that nearly 37 persons have been questioned and the investigation is under the control of the Deputy Superintendent of Police, Kottayam. Obviously therefore, the police will have to vigorously pursue the investigation and proceed in accordance with law in that regard. If the petitioner has any other grievance as to any probable misdirection or lethargy in the investigation, it will be open to him to move the second respondent or any superior police official or move the jurisdictional Magistrate in terms of WPCR.106/11 2 the declaration of the Supreme Court in Sakiri Vasu v. State of U.P. [2007(13) SCALE 693]. Leaving open those rights and without expressing anything on the allegations that the petitioner has made against the 5th respondent, this writ petition is ordered directing that the police will vigorously continue with the investigation of the case. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- K.SURENDRA MOHAN, Judge. kkb.20/7.