Kochi: Kerala High Court on Tuesday directed Crime Branch of Police to file a report in two weeks, explaining why the arrest of Bijimol MLA was not required in the ADM assault case.
The court observed that the investigation officer could not say that a member of the Assembly was absconding.
Court asked why the arrest of the concerned accused was not required under the provisions of section 41(1) (b) of the Code of Criminal Procedure. Bijimol MLA of Peerumedu is an accused in connection with the assault on Additional District Magistrate (ADM) at a private estate at Thekkemoola, near Peruvanthanam, where he had gone to implement a High Court order.
Justice B Kemal Pasha issued the directive on a petition filed by Idukki ADM Moncy P Alexander seeking Crime Branch to complete the investigation expeditiously and to submit the final report before the court.
Moncy Alexander submitted that the case had been handed over to the crime Branch three month back, there was no progress in the investigation and no effective steps were taken by the to proceed with the investigation.
Bijimol had shouted at the petitioner and pushed him down, it was alleged. The police had registered charging the MLA with the offence under section 143 (unlawful assembly), 147 (rioting), 188 (Disobedience to order duly promulgated by public servant) and 353 (Assault or criminal force to deter public servant from discharge of his duty.
