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6. A Statement dated 21-06-2024 has been filed by the Dy.S.P Crime Branch, Idukki, in Crl.M.C No.10250/2023 stating that the investigation conducted so far revealed that the accused had entered into a criminal conspiracy to kill the complainant at various places and a report altering the offences was filed on 16-03-2024 incorporating sections 120B of 302, 307, 201 and section 34 IPC, in place of 120B, 308 and 201 IPC. The statement also alleges that the first accused was absconding and therefore lookout circulars were issued against him. In the meantime, the first accused came down to Kerala on 02-06-2024 and in view of the order of the Supreme Court, he was not arrested. The investigating officer further states that quotation teams are involved in 2024:KER:72371 the case and also that the accused had secretly followed the complainant to various places and the second accused had even purchased an air pistol and stayed at various hotels under fake names for committing the crime. The investigating officer has also alleged that the first accused was the master brain behind the crime and that even the arrested accused has not co-operated with the investigation. According to the investigating officer, the accused had installed an application in the phones called 'Comera App' and the arrangements were being monitored through the said application.

13. Though an affidavit of the District Police Chief, Kottayam was directed to be filed, it was filed by the Officer now in office and not by the person who directed the issuance of the Lookout Circular. The affidavit states that though the investigating officer made efforts to trace the whereabouts of the first accused it was learnt that he was staying abroad and therefore a proforma for issuing a lookout circular was submitted on the strength of the base report received from the then investigating officer.

29. The scene mahazar prepared reveals that the incident in Crime No.1215/2023 occurred on the tarred road, that too at a point where there was a granite stone culvert, situated at a distance of 04.20 meters from the place of incident. The scene plan as noted from the case diary tallies with the above. Further, the case diary reveals that there was no damage at all to any of the vehicles involved in the alleged accident. A photograph in the case diary reveals only a minor scratch to the vehicle of the defacto complainant, that too, on the bumper and without even any dent. Coupled with the above, is the lookout advertisement published in the newspaper and the request for issuing a lookout circular in Crime No.1215/2023 addressed to the Immigration Authorities, that too, despite this Court's direction to issue a notice under section 41A Cr.P.C. The lookout circular issued in a bailable offence registered at Ettumanoor, after petitioner was protected from arrest in Crime No.1215/2023 and thereafter taking him into custody on 02-06-2024 also reflects the highhanded action of the police. This Court 2024:KER:72371 is prima facie satisfied that the entire records reveal a concerted attempt on the part of the police to implicate the petitioner in Crl.M.C No.10250/2023 in a crime and malafides loom large in registering the crime and making such wild and sweeping allegations. In this context, this Court bears in mind the repeated allegations and complaints filed by the said petitioner that some of the witnesses and accused have been planted in the instant crime to rope in the petitioner as an accused.

31. This Court is further satisfied that the issuance of a lookout circular in Crime No.460/2024 was only to overcome the direction of the Supreme Court granting interim protection to the petitioner from arrest. The guidelines prescribed for issuing a lookout circular have been delineated in the Office Memorandum of the Home Ministry dated 2024:KER:72371 22-02-2021, which was produced in a sealed cover. A reading of the said circular reveals that the conditions required for issuing a lookout circular in Crime No.460/2024 of Ettumanoor Police Station were not in existence to enable the Investigating Officer, to request for issuing a lookout circular. Similarly, despite this Court's direction on 31-10-2023 in Crl.M.C No.8972/2023 to issue notice to the petitioner under section 41A Cr.P.C, the Investigating Officer as well as the District Police Chief, Idukki, exceeded their authority in requesting for a lookout circular on 25-11-2023.