IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 11317 of 2006(V) ------------------------------------ CRIME.771/2005 of VAIKOM POLICE STATION. .................... PETITIONER(S): --------------- STEPHEN, PANNIKKASSERIL HOUSE, THURUTHUMMA KARA, CHEMBU VILLAGE, CHEMBU VILLAGE, VAIKOM. BY ADV. SRI.SUDHEER GANESH KUMAR.R. SHRI B.PREMOD RESPONDENT(S): ---------------------------- THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION. ADDL. R2 IMPLEADED. 2. A.K.SAJEEVAN, ARUTHARAYIL HOUSE, THURUTHUMMA, CHEMPU P.O., VAIKOM, KOTTAYAM DISTRICT. ADDL. R2 IS IMPLEADED AS PER ORDERDTD. 13.6.2006 IN IA. NO.6306/2006. R1 BY GOVT. PLEADER SRI.P.A.SALIM R2 BY ADVS.SRI.VAKKOM N.VIJAYAN, SMT.VINITHA PRASANNAN, SRI.P.ANIYAN, SRI.A.S.SACHIN , THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.11317 of 2006 V -------------------------- JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India for an order directing the Crime Branch or the Vigilance Director to take over investigation of Crime No.771/2005 of Vaikom Police Station to conduct further investigation. Petitioner would contend that he is the second accused in Crime No.771/2005, registered under Exhibit P1 FIR on the allegation that two cows of the second respondent, the defacto complainant, have been poisoned to death on 29.11.2005 and Shaji, a neighbour of the second respondent is the suspect. It is alleged that on further investigation, it was found that petitioner was having sale of illicit liquor for which the excise officials have interrogated him several times and out of the enmity of the second respondent towards petitioner, on arresting the first accused, a WPC 11317/06 2 confession statement was given and petitioner was implicated as an accused and offences under Sections 429 and 308 of Indian Penal Code were incorporated. It is contended that case is not being properly investigated and a fair and thorough investigation is necessary to safeguard the liberty of the petitioner. 2. Sub Inspector of Police, Vaikom submitted a statement to the effect that the then Sub Inspector took over the investigation and during investigation, it was revealed that petitioner is a bootlegger and a neighbour of the second respondent, with the help of the first accused, who is a mentally immatured servant, engaged in looking after the cows of the second respondent, administered forate poison by mixing it with cattle feeds, due to previous enmity. Accused were arrested on 4.12.2005 after observing them secretly and their statements were recorded and the confession statement of the first accused revealed WPC 11317/06 3 that forate poison was administered to the cows and based on the confession statement, the plastic tin containing forate poison was seized and after completing the investigation, final report has already been submitted. 3. Learned Government Pleader submitted that case is now pending before Judicial First Class Magistrate's Court, Vaikom as C.C.No.1360/2009, taking cognizance on the final report submitted. As final report has already been submitted before the Magistrate and cognizance of the offences was taken, with liberty to move the learned Magistrate for further investigation under Section 173(8) of Code of Criminal Procedure, if advised, petition is disposed. 6th December, 2010 (M.Sasidharan Nambiar, Judge) tkv