Kerala High Court
Jose Thomas vs State Of Kerala on 6 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1198 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
WP(CRL.) NO. 1198 OF 2024
CRIME NO.162/2023 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONER/ACCUSED :
JOSE THOMAS, AGED 42 YEARS,
S/O V.M.THOMAS, FLAT NO.1, 29/401/1,
DAMODAR APARTMENT, KUNNATHU LANE,
NEAR THIRUVAMBADY TEMPLE,
MOONUKKUTY, THRISSUR, PIN - 680 001.
BY ADVS.
C.S.MANU
DILU JOSEPH
C.A.ANUPAMAN
T.B.SIVAPRASAD
C.Y.VIJAY KUMAR
MANJU E.R.
ANANDHU SATHEESH
ALINT JOSEPH
PAUL JOSE
DAINY DAVIS
RILNA RADHAKRISHNAN
RESPONDENT/COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
KERALA, DEPARTMENT OF HOME,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 STATE POLICE CHIEF / DIRECTOR GENERAL OF POLICE
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM, PIN - 695 010.
WP(CRL.) NO. 1198 OF 2024
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3 COMMISSIONER OF POLICE
THRISSUR CITY,
THRISSUR DISTRICT, PIN - 680 001.
4 STATION HOUSE OFFICER
THRISSUR EAST POLICE STATION,
THRISSUR, PIN - 680 001.
5 DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, THRISSUR,
(INVESTIGATING OFFICER IN CRIME NOS. (162 OF 2023,
195 OF 2023, 196 OF 2023, 205 OF 2023 AND
206 OF 2023, OF THRISSUR EAST POLICE STATION),
PIN - 680 631.
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(CRL.) NO. 1198 OF 2024
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BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl.) No.1198 of 2024
...................................................
Dated this the 6th day of November, 2024
JUDGMENT
Petitioner seeks for a direction not to transfer Ext.P1 to Ext.P5 crime
to any Police Station in Coimbatore or out of the State of Kerala as
proposed by the respondents.
2. Petitioner concedes that he is an accused in Crime
Nos.162/2023195/2023, 196/2023, 205/2023 and 206/2023 of Thrissur
East Police Station. He apprehends that the investigation into the
aforesaid crimes are proposed to be transferred to a Police Station in
Coimbatore.
3. It is surprising that petitioner as an accused, has obtained such
information. Even if such information is correct, the petitioner, as an
accused, does not have the right to demand that the investigation be
conducted at a particular place or by a specific agency. Therefore,
petitioner cannot seek a direction not to transfer the investigation.
4. The question of transferring of the investigation to any agency or to
another place or to another State are all matters which will have to be
WP(CRL.) NO. 1198 OF 2024
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decided by the Competent Authority on the basis of law.
5. Since the petitioner has no such right to inter-meddle during
investigation, this writ petition is without any merit and it is
dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/11/2024
WP(CRL.) NO. 1198 OF 2024
2024:KER:82582
APPENDIX OF WP(CRL.) 1198/2024
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF FIR IN CRIME NO.162 OF 2023
DATED 18-1-2023 ON THE FILES OF THRISSUR
EAST POLICE STATION, THRISSUR
EXHIBIT P-2 TRUE COPY OF FIR IN CRIME NO.195 OF 2023
DATED 20-1-2023 ON THE FILES OF THRISSUR
EAST POLICE STATION, THRISSUR
EXHIBIT P-3 TRUE COPY OF FIR IN CRIME NO.196 OF 2023
DATED 20-1-2023 ON THE FILES OF THRISSUR
EAST POLICE STATION, THRISSUR
EXHIBIT P-4 TRUE COPY OF FIR IN CRIME NO.205 OF 2023
DATED 21-1-2023 ON THE FILES OF THRISSUR
EAST POLICE STATION, THRISSUR
EXHIBIT P-5 TRUE COPY OF FIR IN CRIME NO.206 OF 2023
DATED 21-1-2023 ON THE FILES OF THRISSUR
EAST POLICE STATION, THRISSUR
EXHIBIT P-6 TRUE COPY OF THE COMMON ORDER DATED
27-3-2024 IN B.A NOS.2231/2024, 2233/2024,
2234/2024, 2235/2024 AND 2236/2024 PASSED BY
THIS HON'BLE COURT
