IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 WP(C).No. 21102 of 2008(K) --------------------------------------- (CRIME NO. 158/2007 OF KATINAMKULAM POLICE STATION) ......... PETITIONER: ------------------- BASHEER, S/O. ABDUL AZEES, AGED 65 YEARS, PATHRAKADA MANAKKATTU VILAKOM VEETIL, ALUMMOODU, KANIYAPURAM, PALLIPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.J.JAYAKUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARY, THIRUVANANTHAPURAM. 2. THE HOME SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, CBCID, CRIME BRANCH HEAD QUARTERS, EENCHACKAL, THIRUVANANTHAPURAM. 5. THE SUB INSPECTOR OF POLICE, KATINAKULAM POLICE STATION, THIRUVANANTHAPURAM. R1 TO R5 BY GOVT. PLEADER MR. B. VINOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21102/2008-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIR IN CRIME NO. 158/2007 OF KATINAMKULAM POLICE STATION. EXT.P.2: COPY OF THE POST MORTEM CERTIFICATE. EXT.P.3: COPY OF THE PETITION DTD. 13/02/2008 GIVEN BY THE PETITIONER TO RESPONDENTS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 21102 OF 2008 ------------------------------------------ Dated 12th August 2009 JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing fourth respondent to investigate further crime 158/2007 of Kadinamkulam police station and file a final report within a time frame. Petitioner is the father of Siyad who died on 20/12/2007. According to petitioner Siyad was a worker of Indian National Congress Youth Wing. Siyad along with some others formed a unit of P.D.P after resigning from the Congress and Siyad was elected as unit President of newly form P.D.P unit. While so, Siyad and his friends went to Perumthura for seeing Muthalapozhy the proposed harbour. He was found missing. Ext.P1 FI statement of fifth respondent was recorded and crime was registered. It is contended that death was not accidental and petitioner suspected the part of others. Finding that there is no proper investigation the writ petition is filed. WPC 21102/08 2 2. A statement was filed by fifth respondent stating that based on the information received on the missing of Siyad, while taking bath on 20/12/2007, crime 158/2007 under the caption man missing was registered by Kadinamkulam police station and service of marine enforcement, cost guard and fire-force were sought but he could not be saved and after three days dead body was found near Muthalapozhy and post-mortem examination showed that death was due to drowning. It is also stated that investigation revealed that including deceased Siyad, 11 persons had been to the sea-shore and while they were enjoying bath at the sea, Siyad was taken away by a wave and seeing this a country boat tried to rescue but it also got drowned and even after questioning 31 witnesses, including the persons who were there along with the deceased Siyad no suspicious circumstance could be gathered. In such circumstances, it is contended that there is nothing further to be investigated. 3. Learned counsel appearing for petitioner and learned Public Prosecutor were heard. 4. On hearing the learned counsel and going WPC 21102/08 3 through the statement, I find no reason to give any direction for further investigation as sought for. If petitioner has any case that death was caused by any particular person, petitioner is at liberty to approach the learned Magistrate by filing a private complaint. With that liberty petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.