IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 Crl.MC.No. 2712 of 2010(B) -------------------------------------- (CRIME NO.429/CR/SI/04 OF C.B.C.I.D. OCW-I SUB UNIT, KOLLAM) .............. PETITIONER/ACCUSED: ---------------------------------- ABDUL LATHEEF, AGED 50 YEARS, LIBIN HOUSE, MATHIRA P.O., MANKODE VILLAGE, KOTTARAKKARA TALUK. BY ADVS. SRI.K.ABDUL JAWAD, SRI.A.RAHIM. RESPONDENTS/COMPLAINANTS: ------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D. OCW-1, SUB UNIT, KOLLAM. R1 & R2 BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2712 OF 2010 --------------------------------------------- Dated 26th October, 2010 O R D E R Petitioner, the 16th accused in Crime No.429/CR/SI/2004 of CBCID OCW-1 Sub Unit, Kollam filed this petition under Section 482 of Code of Criminal Procedure to direct second respondent to submit a final report at the earliest and if possible, within one month. 2. A statement is filed by the Detective Inspector CBCID, who is investigating the case. It reveals that accused 1 to 3 are travel agents and fourth accused is the postman and accused 5 to 10 are police constables of Special Branch Office, Kollam and accused 11 to 16 are the persons who obtained passport in bogus Crmc 2712/10 2 address. It is disclosed that 27 passports were obtained in bogus address with the help accused 1 to 10 and only six of the persons who procured the bogus passport were arrested and that too after look out notice was published and when these persons landed in the airport. Statement also discloses that petitioner is also one such person who procured bogus passport and except the photograph all other personal details in the passport are bogus. Statement also discloses that unless detailed investigation is conducted, final report could not be submitted. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that the case Crmc 2712/10 3 was registered by local police in 2003 and transferred to the Crime Branch in 2004 and even now, final report is not submitted and in such circumstances, direction is to be issued to submit the final report within a time frame. 4. Statement filed by the Investigating Officer establishes that there cannot be any progress in the investigation without procuring the presence of all the accused. Out of 16 accused, only six persons could so far be arrested. The petitioner was arrested only on 4/3/2010 and that too when he landed in Thiruvananthapuram Airport. In such circumstances, it is not possible to give a direction to submit the final report within a time frame, as sought for. 5. Annexure-B report shows that accused 11 to 16 in whose names passports were Crmc 2712/10 4 procured, were already arrested. So also first accused, one of the travel agents was arrested. In such circumstances, it is for the investigating officer to arrest accused 5 to 10 the police constables and the postman, if their custody is necessary for the purpose of investigation and complete the investigation without delay and complete the investigation expeditiously. M.SASIDHARAN NAMBIAR, JUDGE. uj.