MAJEED K MOIDEENKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) A report dated nil, having C.No.99/6144/06 CCO, in relation to the order in bail application No.5041/2006, dated 26/10/2006, (L.P.No.29/2005 in C.C.No.194/2003 of Judicial Magistrate of the First Class-II, Manjeri), was received by this Court. It was filed by the Circle Inspector of Police, Payyoli, Kozhikode, Mr.Xavier Sebastian, relating to the inexecution of a bailable warrant issued to one Majeed, son of Moideen Kutty, Thacholi House, Meppayur P.O., Kozhikode. The said Majeed was summoned before this Court by the issuance of a bailable warrant. Although, the bailable warrant was unexecuted and returned with a report, as stated above, Majeed was present before this Court and he explained that he is working in a hotel at Calicut.

(2.) I have doubted the report and the conduct of the Circle Inspector of Police. Therefore, I asked him to appear before the Court. Accordingly, he appeared. I was very much disturbed the way in which the report was filed by the Circle Inspector. Therefore, I asked him to file an affidavit stating the true facts. Accordingly, an affidavit dated 10/11/2006 is filed. On going through the same, I find that the averments, therein, are the repetitions of the earlier report, filed by him, along with the return of the unexecuted bailable warrant, issued against Majeed.

(3.) On going through the entire facts and hearing the learned Senior Government Pleader, Mr.Dileep, I doubt the bona fides of the averments contained in the affidavit. I have reason to believe that the Circle Inspector of Police had not done his duty and, according to the requirements of the law and procedure. He also did not take the bailable warrant, for its execution. Because of the extraneous reasons, he had filed a report, as stated above, on 02/11/2006. Even after his appearance and clarification from this Court, he has gone to the extend of reiterating the facts in the report, in the form of an affidavit, before this Court. The whole matter requires a complete and thorough probe by a Senior Officer, so that the practice of some of the police officers, making different stories, misleading the court, and thereby bringing disrepute to the whole police force will be stopped in all respects. Therefore, I direct the Superintendent of Police, Kozhikode Rural, to inquire everything that had happened about the non-execution of the bailable warrant issued against Majeed, and place the truth before this Court.