IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15089 of 2010(Q) -------------------------- CRIME NO.153/2010 OF PERINGOME POLICE STATION PETITIONER(S): ------------------------- 1. MADAMBILATH ABDULLA, S/O. ABDULLA, AGED 55 YEARS, MOOLAKKAD HOUSE, PERINGOME VILLAGE, KORANGADU, KANNUR. 2. MOOLAKADATH SAINABA, W/O. ABDULLA, AGED 43 YEARS, MOOLAKKAD HOUSE, PERINGOME VILLAGE, KORANGADU, KANNUR. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO HOME AFFAIRS GOVERNMENT OF KERALA, TRIVANDRUM. 2. CENTRAL BUREAU OFR INVESTIGATION, REPRESENTED BY SUPERINTENDENT, ERNAKULAM. 3. DIRECTOR GENERAL OF POLICE, TRIVANDRUM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.15089 of 2010 = = = = = = = = = = = = = = Dated this the 25 th day of May, 2010 JUDGMENT The petitioners who are the parents of one Younas seek a direction to the 1st respondent, State of Kerala to refer Crime No.153/2010 of Peringome Police Station to the CBI for investigation. According to the petitioners, one Rajesh who is politically well connected and who had taken away the mobile phone of the petitioners' son Yonus was misusing the mobile phone and the petitioners' son is falsely implicated in the above case. 2. The learned Government Pleader on instructions made the following submissions before me:- The investigation is conducted by C.I.of Police , Payyannur. The investigation so far conducted shows that Thankamma aged 61 years was beaten to the death using an iron pipe and the murder was for gain. The iron pipe allegedly used for causing the death of Thankamma has been recovered on the confession of A1(Younas) and the jewellery of Thankamma has been recovered from Ali Akbar, the friend of Younas . The said Ali W.P.(c)No.15089 of 2010 2 Akbar has been arrayed as 2nd accused in the case. The friendship of A1 and A2 commenced from the Prison, where both of them were inmates. The presence of A1 at the place of occurrence had been confirmed by detecting the mobile tower and also through chance finger prints obtained from the scene of crime. 3. There are no materials to indicate that the investigation is proceeding on a wrong track or that the local Police has any axe to grind against the petitioners' son, Younas so as to falsely implicate him in a heinous crime. Investigation by a Central agency like CBI cannot be ordered on a mere asking. As long as the investigation by the State Police cannot be said to be one- sided or biased, this Court cannot entrust the investigation of the case with a Central agency like the CBI, disregarding the guidelines laid down by the Apex Court in this behalf. This Writ petition is accordingly dismissed. Dated this the 25 th day of May, 2010. V. RAMKUMAR, JUDGE sj