IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).No. 17283 of 2010(Q) -------------------------- CRIME NO.65/2010 OF TALIPARAMBA POLICE STATION ---------------------------------- PETITIONER(S): --------------- KALIKKODE VEETTIL KRLU NAMBIAR, S/O.CHANDUKUTTY NAMBIAR, ARIYIL P.O., PATTUVM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH RESPONDENT(S): --------------- 1. DEPUTY SUPERINTENDENT OF POLICE, CB CID (CRIME BRANCH), KANNUR KANNUR DISTRICT, KERALA. 2. CIRCLE INSPECTOR OF POLICE, TALIPARAMBA, KANNUR DISTRICT, KERALA. 3. THE STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.C.S.HRITHICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- W.P(C) No. 17283 of 2010 -------------------------------------- Dated this the 16th day of July, 2010 J U D G M E N T Petitioner, who was conducting grocery and stationery business at Parappul, seeks a direction to the 1st respondent Dy.S.P, CBCID (Crime Branch) to take over the investigation of the Crime No.65/2010 of Taliparamba Police Station registered for offences punishable under Sections 143, 147, 448 and 436 read with 149 IPC. The occurrence forming the subject matter of the above crime took place at 2.30 AM on 16.1.2010. The accused formed themselves into an unlawful assembly and trespassed into the shop of the petitioner by breaking the lock of shutter, set fire to the shop and had blasted the merchandise using explosives. The petitioner has sustained a loss of Rs.8 Lakh. According to the petitioner, the investigation by the local police (Taliparamba) has not made in headway and except the 1st accused namely one Muhammed Sali rest of the culprits have not been apprehended. 2. The Circle inspector of Police, Taliparamba, who is in-charge of the investigation has filed a statement in which it is inter alia stated as follows:- W.P(C) No. 17283of 2010 : 2 : “Recently there was series of incidents at Koranpeedika, Pariyaram, Onaparamba, Echilmotta, Adipalam, Chithapilepoil etc. of Pariyaram and Ezhome Panchayats. Several houses were damaged and several persons sustained injuries. All together 31 crimes were registered against hundreds of people for committing riots, unlawful assembly, attempt to murder, house breaking, dacoity, theft, robbery etc. At the time and after the above said incident, the police officers of Taliparamba, Pazhayangadi, Pariyaram Police Stations and officers of the nearby Police stations were used to control the situation. Moreover, Armed force personnels from AR Camp, Kannur as well as from Armed Battalion such as KIP-IV, MSP, Malappuram etc. were used. The situation in Pariayaaram was very tense and to tackle the same, I and Sub Inspectors of Taliparamba Police Station was fully engaged and therefore, for some days, I could not thoroughly purse the investigation of this crime. Now the situation is fully under control and investigation in this case is going on, on a full swing. Now the crime is pending for want of arrest of the remaining persons and for examination report from the Government Regional Chemical Examiner's Laboratory, Kozhikkode. The police force will try for their level best to apprehend the remaining accused persons and to book them properly.” 3. The culprits who are yet to be arrested as per the said statement are Sajeer.M.K, Noushad.K, Noushad.P, K.Thajudheen @ Thaju, Ismail, Musammal.K and Hameed.M.K. 4. The learned Public Prosecutor submitted that investigation is being conducted with all earnestness and vigilance and that the police will soon complete the investigation. W.P(C) No. 17283of 2010 : 3 : 5. I am of the view that some more time can be given to the Circle Inspector of Police to complete the investigation within a time frame, failing which, the petitioner can move the J.F.C.M Court, Taliparamba for entrusting the investigation with the Crime Branch Police. Accordingly, this writ petition is disposed of directing the Circle Inspector of Police, Taliparamba to complete the investigation within three months from today and file a final report before the J.F.C.M Court, Taliparamba immediately thereafter. In case the investigation is not completed and a final report is not filed as aforesaid, the petitioner shall be entitled to move the J.F.C.M Court, Taliparamba for appropriate orders including one for further investigation by the Crime Branch Police in the light of Sakkiri Vasu v. State of Uttar Pradesh 2008 (1) KLT (724) SC and Ramesh Kumari v.State (NCT) of Delhi and others 2006 (2) SCC 677. V.RAMKUMAR, JUDGE dmb