Kerala High Court Orders Crime Branch Investigation Into Theft At Residence Of Former Kollam Bar Association President

The petitioner approached the Court alleging that inaction on the part of the police in investigating the theft that allegedly took place at his residence in April 2023.

Justice Bechu Kurian Thomas ordered thus:

“Petitioner is a member of the legal profession. He has been allegedly in the forefront of protests in relation to disputes between Advocates and Police. He apprehends that proper investigation will not be conducted by the fourth respondent. Though the Assistant Commissioner of Police had constituted a Special Investigation Team based on the complaint of the petitioner, still the fourth respondent has been put in charge. Concededly no breakthrough has been made despite the lapse of almost five months. Large amounts of gold are purported to have been stolen. Delay can certainly defeat the cause of justice.”

The petitioner alleges that around 27 sovereigns of gold were stolen from his house.

The petitioner alleges that despite filing various complaints, police were not investigating since the alleged robbery was connected to some persons of the ruling party in government. He further alleged that no effective steps were taken by the police to gather evidence or conduct the investigation.

The petitioner further alleges that he was at the forefront of a protest conducted by the Bar Association when a member of their Association was assaulted by the police.   He stated that this incident has fostered a vendetta among police officials against him, which is effective police investigation has not been conducted.

A statement was filed by the police stating that a special investigating team was constituted but they were not able to make any breakthrough in the investigation. It was also asserted that the investigation was conducted without any external influence.

The Court noted that 'no breakthrough' has been made even after these months of investigation. The Court further stated that delay might affect the investigation.

The Court thus directed the investigation to be handed over to the District Crime Branch of Kollam and the investigation will be supervised by the Kollam Assistant Commissioner of Police.

"Considering the nature of allegations raised against the present investigation and also bearing in mind that no breakthrough has been made till now, I am of the view that the investigation ought to be transferred to the Crime Branch in the interest of justice", stated the Court

Counsel for Petitioners: Senior Advocate George Poonthottam, Advocates Nisha George, A.L.Navaneeth Krishnan, Namita Philson

Counsel for Respondents: Public Prosecutor Sreeja V

Case Number: WP (Crl.) No. 909 Of 2024

Case Title: Adv Dheeraj Ravi v State Police Chief

Citation: 2024 LiveLaw (Ker) 630