IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 33644 of 2007(E) -------------------------- PETITIONER: ------------ MR.A.J.AUGUSTINE, AGED 71 YEARS, S/O.JOSEPH, ATTIPETTIL HOUSE, NEDUMKANDOM- 685 553, IDUKKI DISTRICT. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENTS: ------------- 1. THE SUPERINTENDENT OF POLICE, IDUKKI, PAINAVU. 2. THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDOM POLICE STATION, NEDUMKANDOM-685 553. 3. THE SUB INSPECTOR OF POLICE, NEDUMKANDOM POLICE STATION, NEDUMKANDOM-685 553. ADDL. R4. NIZAR PONNU, S/O. HASSAN UKKUNNI VEETTIL, EDAVETTY, THODUPUZHA. (IMPLEADED AS PER ORDER DT. 5.2.08 IN I.A.16241/07. R1 TO 3 BY GOVT. PLEADER SRI. GIKKU JACOB BY ADV. SRI.S.RAJEEV FOR ADDL.R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF FIR IN CRIME NO.257/07 DT.13.8.07 NEDUMKANDOM POLICE STATION EXT.P2 COPY OF THE REPORT FILED BY THE 3RD RESPONDENTS DT.14.8.07. EXT.P3 COPY OF REPORT DT. 9.9.07 FILED BEFORE THE JFCM COURT NEDUMKANDOM. EXT.P4 COPY OF ORDER DT.3.10.07 IN CRL.R.P. 3541/07 ON THE FILE OF THE HIGH COURT. EXT.P5 COPY OF THE COMPLAINT DT.25.8.07 FILED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. EXT.P6 COPY OF THE APPLICATION OF 3RD RESPONDENT DT.9.10.07. EXT.P7 COPY OF APPLICATION OF 3RD RESPONDENT DT.16.10.07. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 33644 of 2007 E - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of July, 2008 JUDGMENT The grievance of the petitioner is about the inadequate investigation in a crime registered alleging offences punishable, inter alia, under Section 381 I.P.C. This court had issued directions on 2.4.2008. It is submitted that in pursuance of the directions issued, a Dy.S.P. is now conducting the investigation. He has filed a report about the steps taken. After he took over investigation, he had filed an application before the learned Magistrate to cancel the bail granted to the accused. That application was allowed and the bail was cancelled. The accused had approached this Court and another Bench of this Court, as per order dt. 26.6.08 in Crl.R.P. 1995 of 2008 had set aside the said order and had granted bail subject to conditions. According to the accused he has been complying with the conditions substantially. 2. According to the defacto complainant and the learned Prosecutor there has been one instance of non-compliance on W.P.C.No. 33644 of 2007 2 29.6.08. The learned counsel for the accused submits that he has already reported before the Dy.S.P. on a later date and the Dy.S.P. is satisfied that his absence on that day was not wilful. He has subsequently made available for interrogation. He has been now directed to appear before the Investigating Officer on 8.7.2008. He shall comply with the same. In these circumstances no further directions are necessary. If the Investigating Officer has any grievance about non-compliance with the conditions imposed in the order in Crl.R.P.1995 of 2008, he can make appropriate complaint before the appropriate authority. In any view of the matter, I am satisfied that no further directions are necessary in this writ petition. 3. This writ petition is accordingly dismissed. I need only mention that I expect the Dy.S.P. to conduct and complete the investigation as expeditiously as possible, in an efficient manner and submit the final report to the learned Magistrate. (R. BASANT) Judge tm