IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 3748 of 2011(P) -------------------------------------- (CRIME NO.81/2011 OF AMBALAMEDU POLICE STATION) PETITIONER(S): ------------------------ 1. NELSE K MATHEW, S/O.MATHUKUTTY JOSEPH, AGED 27 YEARS, KADAPLACKAL HOUSE, THEEKOYI P.O, KOTTAYAM DISTRICT. 2. LIJOMON GEORGE, S/O.GEORGEKUTTY,AGED 28 YEARS, KADAPLACKAL HOUSE, THEEKOYI P.O, KOTTAYAM DISTRICT. 3. NISHA ABRAHAM, D/O.P.M.ABRAHAM,AGED 32 YEARS, KUNNATHUPARAMBIL HOUSE, ERAVIMANGALAM P.O, MUTTUCHIRA, KOTTAYAM. 4. MANJUR CHANDRAN, S/O.N.CHANDRASHEKHARAN NAIR, AGED 32 YEARS, KARTHIKA AYAMKUDY P.O KOTTAYAM DISTRICT. 5. MIDHUN CHANDRAN, S/O.N.CHANDRASHEKHARAN NAIR, AGED 26 YEARS, 'KATHTIKA' AYAMKUDY PO KOTTAYAM DISTRICT. 6. VINOD K.V, S/O.VARGHESE, AGED 32 YEARS KATTETH HOUSE, MUTHUR PO, UDUPPI DISTRICT, KARNATAKA STATE. 7. SUMESH A.P, S/O,PUSHPARAJAN A.R, AGED 26 YEARS, AMBAZHATHINAL KUNNEL HOUSE KORUTHODE P.O, KOTTAYAM DISTRICT. 8. ELDO MATHEW, S/O.N.V.MATHAI, AGED 31 YEARS, NAMMUNARIYIL HOUSE, VILANGU P.O, ERNAKULAM 683 561. 9. DANEESH P.V, S/O.VIJAYAN, AGED 22 YEARS PARACKAL HOUSE, KINGINIMATTOM P.O, ERNAKULAM 682 311. 10. MANOJ KUMAR.V, S/O.VENUGOPAL, AGED 23 YEARS, KOTHAPURATHU HOUSE, KINGINIMATTOM P.O, ERNAKULAM 682 311. WP(C)NO.3748/2011 11. ARUN T.R, S/O.RAVI, AGED 30 YEARS THARAPPATTU HOUSE, KINGINIMATTOM P.O, ERNAKULAM 682 311. 12. BINCY MANUEL, D/O.K.O.MANUEL,AGED 26 YEARS, KAPYARUMALAYIL HOUSE, THAZHUVAMKUNNU POST KALLOORKADU, ERNAKULAM DISTRICT. 13. SHOBIN MANUEL, S/O.MANUEL THOMAS AGED 28 YEARS, ILLICKAL HOUSE, PADICHIRA POST PULPALLY, WAYANAD DISTRICT. 14. PRAKASH M.G, S/O.GOPI, AGED 29 YEARS MOLEL HOUSE, NELLADU P.O, MOOVATTUPUZHA. 15. SUBASH M GOPI,S/O.GOPI, AGED 31 YEARS MOLEL HOUSE, NELLADU P.O, MOOVATTUPUZHA. 16. ARUN JERIL JOSEPH, S/O.THOMAS, AGED 27 YEARS, THENGADAYIL HOUSE,PADICHIRA POST, PULPALLY, WAYANAD DISTRICT. 17. ANITHA GEORGE, D/O.GEORGE, AGED 26 YEAR, MULLACKAL HOUSE, POOTHIRIKKA POST, ERNAKULAM DISTRICT. 18. JEBIN P JACOB, S/O.JACOB, AGED 26 YEARS PUTHENPARAMBIL HOUSE, PATTIMATTOM P.O, ERNAKULAM DISTRICT. 19. SHIJU P.J, S/O.JOSEPH, AGED 26 YEARS PAITHNAL HOUSE, SASIMALA P.O, PULPALLY , WAYANAD DISTRICT. 20. VINOD V.K, S/O.KRISHNAN, AGED 27 YEARS PAPPARAKKAL HOUSE, SASIMALA P.O, PULPALLY, WAYANAD DISTRICT. 21. BAIJI JOSE,S/O.JOSE, AGED 35 YEARS ORAVAKUZHIYIL HOUSE, PERIKKALLOOR P.O, PULPALLY ,WAYANAD DISTRICT. 22. JOJO JOSEPH, S/O.JOSEPH, AGED 36 YEARS PERUMBALLIL HOUSE, PADICHIRA POST, PULPALLY, WAYANAD DISTRICT. 23. SHYJU THOMAS, S/O.P.M.THOMAS, AGED 35 YEARS, PANAMPARAMBIL HOUSE, PADICHIRA POST, PULPALLY, WAYANAD DISTRICT. 24. THOMAS T.M, S/O.MATHEW, AGED 41 YEARS THALAMUDI THORAYIL HOUSE, SASIMALA PO, PULPALLY, WAYANAD DISTRIC. WP(C)NO.3748/2011 25. JOMON JOSE, S/O.JOSE, AGED 24 YEARS VADAKKEDATH HOUSE, PANTHALLUR HILLS P.O.MALAPPURAM DISTRICT. 26. BINNY MATHEWS, S/O.A.T.MATHEWS, AGED 32 YEARS,THADATHANAYIL HOUSE, CHEMBRASSERY P.O, PANDIKKAD VIA, MALAPPURAM DISTRICT. 27. JOHNSON MATHEW, S/O.MATHEW N JOHN AGED 30 YEARS, NELLITHANAM HOUSE, SIDDAPPURA P.O, UDUPPI DISTRICT, KARNATAKA STATE. BY ADV. SRI.JAI GEORGE SMT.DAISY A.PHILIPOSE RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 695 029. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM.695 029 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM RURAL AUVA, PIN- 683 101. 4. THE SUB INSPECTOR OF POLICE AMBALAMEDU POLICE STATION, PIN 682 303. 5. JOHNSON H, S/O.HANOK, EDAKKERIL HOUSE, POVVANTHURUTH, PANACHIKKAD P.O, KOTTAYAM DISTRICT 686 509. R1 TO R4 BY PUBLIC PROSECUTOR SMT.M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts THOMAS P.JOSEPH, J. ==================================== W.P(C) No.3748 of 2011 ==================================== Dated this the 08th day of March, 2011 J U D G M E N T Petitioners are some of the aggrieved and some of them, witnesses questioned by the police in Crime No.81 of 2011 of Ambalamedu police station for offences punishable under Sections 406, 417, 420 and 424 of the Indian Penal code. According to the petitioners they were lured by the representations made by the 5th respondent who was running an establishment by name 'Grace Constructions' at Ambalamedu that he has sufficient experience in the field of overseas employment and would be able to procure employment for petitioners and others. He collected money, original certificates, mark lists, Passports, etc., from such persons including petitioners but failed to arrange job. While so on 15.01.2011 a news item appeared in the Malayala Manorama about the 5th respondent cheating unemployed persons. On seeing the news item petitioners and others came to the establishment of the 5th respondent only to find it locked. Thereon first petitioner is said to have given a complaint to the Officer in charge of Ambalamedu police station but the police was not W.P(C) No.3748 of 2011 -: 2 :- interested in registering a case. According to the petitioners, 4th respondent has not taken serious effort to apprehend the 5th respondent nor to conduct raid in the house of the latter. Since enquiry by the petitioners revealed that activities of the 5th respondent went beyond the State it is necessary that a better, specialized agency investigated the case and hence this petition praying for a direction to respondent Nos.1 and 2 to constitute a special investigation team for investigation of crime No.81 of 2011 of Ambalamedu Police Station and the connected cases. 2. In answer to the averments in the petition Shri Anoop.A, Sub Inspector who was investigating the case (I am told that he has recently been transferred to the Special Branch, Ernakulam) has filed a counter affidavit where details of investigation so far conducted are stated. I have heard learned counsel for petitioners and the learned Public Prosecutor. 3. Going by the counter affidavit of the 4th respondent, a case was registered against 5th respondent and his wife on the information given by one Resemol Tomy as No.81 of 2011. It is stated that 4th respondent questioned about 50 witnesses in connection with the alleged incident and steps were taken to collect call details of mobile phones used by the 5th respondent W.P(C) No.3748 of 2011 -: 3 :- and his wife. IMEI numbers were investigated through the Cyber Cell. The house of the 5th respondent was searched and three certificates of petitioners, a hard disc and computer were seized and the same are sent to the Forensic Science Laboratory for examination. It is stated that the Investigating Officer had decided to issue look out notice for the 5th respondent and that the Investigating Officer intended to go to Mumbai, Delhi, etc., for further investigation and for the said purpose a request has already been made for issue of a presidency Passport. It is also stated that the police is investigating whether more persons have been cheated by the 5th respondent. In the course of investigation it was revealed that the 5th respondent is involved in Crime No.453 of 2010 of Mannuthy Police Station for offences punishable under Sections 170, 171 and 420 of the IPC and that case is pending trial in the court of learned Judicial First Class Magistrate-II, Thrissur in C.C. No.542 of 2010. 4. On going through the statement of respondent No.4, I am inclined to think that the said Officer has conducted some investigation into the matter. But it is reported that the said Officer has been transferred to the Special Branch in which case as things now stand 4th respondent (Shri Anoop A) is not able to W.P(C) No.3748 of 2011 -: 4 :- continue the investigation of the case. It would also appear that incidents of cheating have taken place beyond the State also. In such a situation I consider it appropriate that a more specialized and equipped agency investigated the case so that the nation wide ramification if any of the alleged incident could be brought out. Having regard to these circumstances I am inclined to think that the case should be investigated by the CBCID – EOW-II, Kochi. Resultantly, Writ Petition is disposed of in the following lines: (i) Additional Director General of Police, Crimes, Thiruvananthapuram is directed to pass orders handing over investigation of Crime No.81 of 2011 of Ambalamedu Police Station and connected cases involving 5th respondent and his wife to the CBCID – EOW-II, Kochi Unit for investigation. The ADGP shall pass orders in this regard within two weeks from the date of receipt of a copy of this judgment. W.P(C) No.3748 of 2011 -: 5 :- (ii) If there is no other legal impediment, the ADGP may consider whether Shri Anoop A, hitherto Sub Inspector, Ambalamedu Police Station could be co-opted to the team of officials investigating the case so that continuity of the investigation is not lost. (iii) Petitioners shall make available a copy of this judgment to the ADGP. THOMAS P. JOSEPH, JUDGE. vsv