IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 32781 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ BIJUTHA, D/O. VISWANATHAN, AGED 38 YEARS, PARAMBATH HOUSE, KARIMBANAPALAM, VADAKARA, KOZHIKODE. BY ADV. SRI.S.RAJEEV RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SECRETARY TO HOME DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR GENERAL OF POLICE(LAW & ORDER), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 4. SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, KOTTAYAM, PIN-686 001. 5. STATION HOUSE OFFICER, KUMARAKAM POLICE STATION, (CRIME NO.1/2005 OF KUMARAKAM POLICE STATION), PIN-686 563. R1 TO R5 BY GOVERNMENT PLEADER SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C.) No.32781 of 2010 -------------------------------------- Dated this the 5th day of April, 2011. JUDGMENT Petitioner's husband, Raghavan along with certain others were travelling in a boat through the Vembanattu lake on 02.01.2005. Four persons including the husband of petitioner died due to drowning. Petitioner suspects it to be a pre-planned murder and made various representations to the authorities concerned to conduct proper investigation of the case with the aid of scientific and forensic experts. Petitioner suspects involvement of Renjith and Sreekumar who allegedly escaped from drowning. It is the case of petitioner that the person who was driving the vessel had no licence. It is therefore prayed that investigation may be handed over to the Central Bureau of Investigation (for short, “the CBI”). Learned counsel submitted that there is no proper investigation of the case and that all persons travelling in the boat were not questioned. Learned Public Prosecutor submitted that after investigation final report is submitted for offences punishable under Sections 280 and 304A of the Indian Penal Code (for short, “the Code”). 2. I have gone through statement submitted by the Sub Inspector who investigated the case. He refers to the steps taken in the investigation. There is reference to the Investigating Officer questioning Renjith whose involvement petitioner suspects. It is stated that during investigation it was revealed that the WP(C) No.32781/2010 2 boat was having permit only upto 12.02.2005 and that the driver obtained temporary licence from 15.11.2004. It is also stated that investigation revealed that persons travelling in the boat were consuming liquor on its upper deck. When seven persons are on the upper deck, three are in the bottom, balance of the boat may collapse. Deceased husband of petitioner was on the deck of the boat and Renjith (suspected by petitioner) was in the corridor. Investigation revealed that persons suspected by petitioner had no role in the incident and that it was on account of the boat loosing balance that the accident occurred. It is accordingly that the Police has submitted final report for offence under Sections 280 and 304A of the Code. On hearing learned counsel for petitioner and the learned Public Prosecutor and going through the statement submitted by the Investigating Officer I do not think it is necessary to entrust investigation of the case to the CBI or any other agency. But if in the course of trial learned Magistrate considers further investigation to be necessary it is open to the learned Magistrate to order accordingly having regard to the facts and circumstances brought out. With the above observation this petition is closed. THOMAS P.JOSEPH, Judge. cks