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2021 Supreme(Ker) 488

ASHOK MENON
P. K. ABDUL SATHAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SIDHARTH LUTHRA (SR.), SRI.AKHIL S.VISHNU, SMT.APARNA SUKUMARAN SUKUMARAN P.N.
For the Respondent: SRI.SASTHAMANGALAM S. AJITHKUMAR, SRI.SUMAN CHAKRAVARTHY, M.P. ABDUL LATHEEFSANDEEP T.K., ARJUN SREEDHAR
SRI.P.K.MOHAMED JAMEEL, JOSEPH GEORGE(MULLAKKARIYIL), SRI.SASTHAMANGALAM S. AJITHKUMAR, ARUN KRISHNA DHAN

JUDGMENT :

A writ petition under Article 226 of the Constitution of India.

2. At daybreak, about 3:30 AM, on 22/10/2006 at the J.T.road, Thalasseri, P.K.Fasalu @ Muhammad Fazal, a distributor of 'Thejus' newspaper, was allegedly hacked by his arch-rivals members of the C.P.M, and mortally wounded with twenty-odd stab injuries. Responding to an anonymous phone call, the jurisdictional Circle Inspector of Police reached there and took him to the Government Hospital, Thalasseri, only to be declared dead by the doctor on duty. Crime No.442/2006, was registered at the Thalasseri Police Station for an offence punishable under Section 302 of the Indian Penal Code, initially against unnamed assailants. On 03/11/2006, the investigation was handed over to the C.B.C.I.D., Kannur District. On 08/10/2007 A2 and A3 were arrested, followed by the arrest of A1 on 10/10/2007. As the investigation progressed, the accused were subjected to polygraph tests and reports obtained. In the meanwhile, Mariyu, the wife of the deceased, filed Writ petition No. 11228/2007 before this Court for handing over the investigation to the Central Bureau of Investigation alleging that the investigation conducted by the C

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