Akhil @ Valiyamon vs The Commissioner Of Police
2021 Latest Caselaw 19481 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE K.HARIPAL
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                        WP(C) NO. 7303 OF 2021


PETITIONER:

          AKHIL @ VALIYAMON
          AGED 30 YEARS
          S/O. LATE N.K.SIVPRASAD,
          NELLIMUKAL PADINJATTATHIL,
          KARUVATTA, ADOOR,
          PATHANAMTHITTA DISTRICT-691 523
          BY ADVS.
          M.KIRANLAL
          SRI.MANU RAMACHANDRAN
          SRI.T.S.SARATH
          SRI.R.RAJESH (VARKALA)


RESPONDENTS:

    1     THE COMMISSIONER OF POLICE
          ERNAKULAM, ERNAKULM DISTRICT-682 035
    2     THE STATION HOUSE OFFICER,
          ERNAKULAM TOWN NORTH POLICE STATION,
          ERNAKULAM DISTRICT-682 018
          BY ADVS.
          SRI.SUMAN CHAKRAVARTHY,
          SENIOR GOVT.PLEADER
          GOVERNMENT PLEADER



          SR.PP - SRI. HRITHWIK C.S.



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.7303 of 2021
                                         2



                                   JUDGMENT

Petitioner is the second accused in Crime No. 647/2020 of

Town North Police Station, Ernakulam which was registered alleging

offence punishable under Sections 395, 392, 506, 342 and 323 read

with 34 of the IPC. Apprehending arrest, the petitioner moved this

Court under Section 438 of the Cr.P.C, which was disposed of

directing him to surrender, but he did not surrender. Thereafter, he

moved second application for bail, which was dismissed. Petitioner

asserts that he is totally innocent in this case, he happened to hand

over his car to the first accused, who used the same for some time and

as its rent, some gold ornaments were handed over to him, which he

pledged before a financier and obtained money. At that time, he did

not know that the gold was the subject matter of a crime, robbery etc,.

Now, on that ground alone he has been implicated as the second

accused, that he is totally innocent, he has no criminal antecedents

and thus he has moved this Court for directing the first respondent to

set up a Special Team for investigating the crime.

2. I heard the learned counsel for the petitioner and also the

the learned Senior Public Prosecutor.

W.P(C) No.7303 of 2021

3. The learned Public Prosecutor also caused to submit a

report from the Investigating Officer, SHO Ernakulam Town North

Police Station. The SHO has given the updates of investigation.

After having heard counsel on both sides, I do not think it

is expedient to direct the constitution of a Special Team for the

investigation of the crime. Suffice it to direct the first respondent to

cause monitoring of the investigation by a higher level officer at least

at the level of a Deputy Commissioner of Police, Ernakulam City and

the investigation shall be completed with in a reasonable period of

time.

With this direction, the writ petition is closed.

Sd/-

K.HARIPAL JUDGE

Jms/16.09

//True Copy// P.A to Judge W.P(C) No.7303 of 2021

APPENDIX OF WP(C) 7303/2021

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO.647/2020 OF ERNAKULAM TOWN NORTH POLICE STATION EXHIBIT P2 A TRUE COPY OF THE REMAND APPLICATION OF THE ACCUSED PERSONS EXHIBIT P3 THE TRUE COPY OF THE COMPLAINT DATED 16.03.2021 PREFERRED TO THE CITY POLICE COMMISSIONER, ERNAKULAM