IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 4879 of 2007(E) ------------------------------------- PETITIONER: ------------------- V.K.GOPALAKRISHNAN, AGED 62 YEARS, S/O.LATE GOVINDAN, WARRIAMKANDI HOUSE, MANNADAMPARAMBU, GOPALASWAMY IYYANKAR ROAD, KALLAI P.O., PANNIYANKARA, KOZHIKODE. BY ADV. MR.P.V.KUNHIKRISHNAN. RESPONDENTS: ------------------------ 1. STATION HOUSE OFFICER, FEROKE POLICE STATION, FEROKE. 2. CITY POLICE COMMISSIONER, KOZHIKODE. 3. THE EXECUTIVE MAGISTRATE (TAHSILDAR), KOZHIKODE. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, KOZHIKODE. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. 6. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (HOME DEPT.), THIRUVANANTHAPURAM. R1 TO R4 & R6 BY GOVERNMENT PLEADER MR.P.A. SALIM, R5 BY MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4879/2007-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 11/04/1992 RECEIVED BY JAYAKUMAR FROM “OPERATION TIMESTAR”. EXT.P.2: COPY OF THE COMPLAINT DTD. NIL. SUBMITTED BY THE SISTER OF THE PETITIONER TO THE R.2. EXT.P.3: COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER TO R.1. DTD. 21/07/2000. EXT.P.4: COPY OF THE INQUEST REPORT DTD. 19/07/2000 BY THE S.I. OF POLICE, FEROKE POLICE STATION. EXT.P.5: COPY OF THE FINAL REPORT SUBMITTED BY THE R.1. TO THE EXECUTIVE MAGISTRATE, KOZHIKODE DTD. 09/11/2000. EXT.P.6: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.3. DTD. 20/12/2003. EXT.P.7: COPY OF THE JUDGMENT IN W.P.(C).NO.20079/2004 DTD. 26/09/2005. EXT.P.8: COPY OF THE FINAL REPORT FILED BY THE R.4. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR GETTING THE LICENSE DETAILS OF JAYAKUMAR. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4879 OF 2007 = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. J U D G M E N T This writ petition is filed for a direction to the 5th respondent to investigate Crime No.124/00 in the Feroke Police Station. The gist of the case is that one Jayakumar, son of Appukutty aged 39 years was found hanging on a plastic rope in the upstairs of his bed room. His wife and aunt and others rushed him to TMH Hospital, Kadalundi and later to Medical College Hospital, Calicut but he was declared dead. Jayakumar's wife's uncle N.R. Sekharan lodged a complaint before the Feroke Police Station which was registered under the caption of unnatural death. Autopsy was conducted on the body of the deceased. Initially 18 witnesses were questioned. Their statements were recorded. A final report was filed opining that the death was due to hanging. In the meanwhile the petitioner herein filed a writ petition before the High Court and this Court handed over W.P.C 4879 OF 2007 -:2:- the investigation to the Crime Branch and accordingly the Superintendent of Police Crime Branch had taken over the investigation. From his report it can be seen that he had examined as many as 37 witnesses and had given a brief description of what all the witnesses had stated. He had also pointed out important materials and had arrived at a decision that it is a case of suicide and further stated that there was no abetment to commit suicide and therefore ruled out the possibility of any homicidal death. He had specifically referred to the evidence of CW17, Sindhu and had also discussed in detail regarding the absence of abetment or instigation to commit suicide. Though an attempt was made with reference to a property dispute there was nothing to link the same. The Superintendent of Police also even doubted the manner in which the investigation is conducted by the Sub Inspectors of Police for the reason that they did not question the psychiatrist who treated the deceased before his death. The investigation also revealed that there was an earlier occasion when the deceased had taken excessive W.P.C 4879 OF 2007 -:3:- sleeping pills and he was admitted in the hospital. Ultimately Superintendent of Police completed the investigation and submitted a final report which was approved by the Addl. Director General of Police(Crimes) and a final report was submitted before the Executive Magistrate, Kozhikode on 9.5.2006. The statement filed by the Superintendent of Police shows that all particulars of possible evidence has been looked into and a decision has been arrived at that it is a case of suicide and not homicide and there is nothing further to reveal that there was an abetment to commit suicide. From these materials I do not find any ground to entertain this writ petition and therefore it is dismissed. M.N. KRISHNAN, JUDGE. ul/-