RAJU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the third accused in Crime No.1568 of 2012 of Nedumbassery Police Station, Ernakulam registered for offences punishable under Sections 198, 403, 409, 465 and 120B of the Indian Penal Code and Section 12(1)(d) of the Passport Act and Section 24 of the Immigration Act. Investigation of the above crime was taken over by crime branch, and renumbered as Crime No.13/CR/OCW2/Ekm/2013 it is now in progress. Petitioner, whose arrest was recorded in the crime on 08.05.2013 while he continued in custody in another crime, which too presently investigated by the crime branch, after his production before the magistrate, was remanded to judicial custody. He seeks release on bail after his application for such relief was turned down by the magistrate vide Annexure I order dated 22/5/2013.

(2.) I have considered and disposed of applications for bail moved by first and second accused in the crime by a Common Order dated 27/3/2013. In that order after taking note of the facts and circumstances involved in the case giving rise to the registration of the crime, and also on perusal of the case diary, the need for investigation of the crime by a national investigating agency was pointed out. So much so, when the present application came up for consideration, what further steps have been taken for investigation by a national investigating agency was directed to be reported, and State Public Prosecutor informed that State Government has already issued notification and requested for investigation of the crime by CBI. Copies of notification issued and communication sent by the State Government requesting for orders by the Government of India for taking over the investigation of the present crime were also produced. It is reported, three more crimes with the present crime, all of which have nexus with illegal human trafficking clandestinely carried using forged and fabricated passports, travel documents etc. at airports in the State, allegedly, with the assistance of some police officers, emigration officials and travel agents, are also requested to be investigated by the CBI.

(3.) STANDING counsel for CBI appeared and submitted that the agency will take over the investigation of all the four crimes, for which notification is awaited to register a crime consolidating all four crimes and, then, to proceed with its investigation. A mistake over the number of one of the four crimes in the communication sent by the State Government was pointed out by the standing counsel and, thereupon, learned Public Prosecutor assured that necessary steps would be taken for correction. Later, Public Prosecutor made available copy of notification subsequently issued by the State Government correcting the mistake in the crime number and also copy of communication sent to the Government of India, to hand over the investigation of all the crimes to the CBI.