IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 3668 of 2010(Q) ------------------------- PETITIONER(S): --------------- RADHAMANI, AGED 43, W/O.LATE KESAVAN KUTTY, VALIYATH VEETTIL, MENAMBALLY MURIYIL, KARUNAGAPALLY, KOLLAM. BY ADV. SRI.A.AHZAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. STATION HOUSE OFFICER, CHENGANNOOR POLICE STATION, CHENGANNOOR. 4. SUPERINTENDENT OF POLICE, ALLEPPEY. 5. SUPERINTENDENT OF POLICE, CB, CID, ALLEPPEY. GOVERNMENT PLEADER SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ----------------------------------- W.P.(C).No.3668 of 2010 ----------------------------------- Dated this the 28th day of July, 2010 JUDGMENT The petitioner who is the widow of one Kesavankutty Pillai who succumbed on 9/12/2006 to the fatal head injuries sustained by him on the previous day seeks a direction to entrust the investigation of Crime No.613 of 2006 of Chengannur Police Station either to the Crime Branch Police or any other agency. 2. According to the petitioner the death of her husband was not on account of the accidental fall as put forward by the Sub Inspector of Police, Chengannur and that she suspects some foul play behind his death. 3. Crime No.613 of 2006 was registered by the Chengannur Police under the caption 'Unnatural Death' (under Section 174 Cr.P.C) on the statement of one Radhakrishnan at 8 am. on 10/12/2006 to the effect that Kesvankutty Pillai accidentally fell down on the road at Kallisery and sustained injuries to his head and while W.P.(C).No.3668 /2010 : 2 : undergoing treatment in the Medical College Hospital, Thiruvananthapuram he died at 5 p.m. on 9/12/2006. 4. According to the Chengannur Police deceased Kesavankutty Pillai after having supper from the hotel owned by one Anandan on 8/12/2006 while attempting to wash his hand suddenly collapsed and fell unconscious near the stair case and the back of his head hitting against the cement floor causing the injuries. Thereafter the deceased continued walking in an unsteady manner to reach the road where he again fell down. He was rushed to the Government Hospital, Chengannur and from there to the District Hospital, Kollam from where he was referred to the Medical College Hospital, Thiruvananthapuram where he breathed his last. 5. If the petitioner maintains that there was some foul play behind the death of her husband who was aged only 44 years, in the light of the decisions of the Supreme Court in Sakiri Vasu Vs. State of UP 2008(1)KLT 724 (SC) and Thomas Vs. Achama Thomas 2009(2)KHC 693, the remedy of the petitioner is to move the Magistrate concerned and seek a further investigation. In case the Magistrate if W.P.(C).No.3668 /2010 : 3 : moved comes to the conclusion that there was no proper investigation of the Crime, the Magistrate can direct further investigation by the Crime Branch Police in the light of the Kashmiridevi Vs. Delhi Administration [(1998)SCC Crl.864]. Reserving the above right of the petitioner to move the Magistrate, this writ petition is closed. V.RAMKUMAR, JUDGE skj