IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 WP(C).No. 26554 of 2010(Q) -------------------------- (FOR TRANSFER OF CRIME NO.373/2001 OF KUNNIKODE POLICESTATION) PETITIONER(S): --------------- RAJENDRAN NAIR, C-9, ALTHARA NAGAR, VELLAYAMBALAM,THIRUVANANTHAPURAM. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 2. THE SUPERINTENDENT OF POLICE, KOLLAM. 3. THE SUB INSPECTOR OF POLICE, PATHANAPURAM POLICE STATION. 4. THE SUB INSPECTOR OF POLICE, KUNNIKODE POLICE STATION. 5. VALSALAKUMARI.V.R., PALOOR PUTHEN VEEDU, KOKKADU, KOLLAM DISTRICT-691001. 6. JAYADHARAN NAIR, PALLOOR FARMS, KOKKADU, KOLLAM-691001. GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.26554 of 2010 -------------------------------------- Dated this the 25th day of January, 2011. JUDGMENT This petition is for a direction to transfer investigation of Crime No.373 of 2001 of Kunnikode Police Station to the Crime Branch and direct investigation into the circumstances leading to the disappearance and subsequent death of Pachan Nair, father of the petitioner. Petitioner states that his father was found missing from his house on 25.12.2001 and later his deadbody was found on 02.01.2002 under mysterious circumstances. Since there was nobody to claim deadbody it was cremated by the Police. Raising apprehension about the cause of death petitioner filed a representation to the local Police. He alleged that respondent No.5, his wife had some affair with respondent No.6, that his father was having sufficient landed properties and there was no occasion for him to commit suicide. In the circumstances petitioner suspected it be a homicide but there was no proper investigation into the matter. Petitioner states that the report of chemical examination revealed that the death was due to poisoning but, the Police did not investigate into that matter properly and ascertain whether it was suicide or homicide. In the circumstances, this petition seeking relief as stated above. WP(C) No.26554/2010 2 2. Respondent No.3, Sub Inspector of Pathanapuram Police Station has filed a counter affidavit where in paragraph 3 he states about the investigation conducted in the matter and who all were questioned concerning death of the said Pachan Nair. It is stated that the then Sub Inspector, Kunnikode verified the investigation conducted by the Head Constable of that Station and submitted report to the learned Judicial First Class Magistrate-III, Punalur referring the case as undetected. In paragraph 8 of the counter affidavit it is stated that on receipt of postmortem certificate the Circle Inspector, Punalur as per his office letter No.345/GL/10-E dated 27.11.2010 has instructed the Sub Inspector, Pathanapuram to verify the station records, ascertain whether chemical analysis report has been received and produce the same along with the CD file to the office of Circle Inspector and that it is now decided to reopen the case after submitting a report to the learned Magistrate. It is also stated that a true, fair and impartial investigation will be conducted after getting sanction for reopening the case. In the light of the statement of respondent No.3, I do not consider it necessary to direct the case to be investigated by the Crime Branch at this stage. Resultantly in the light of the statement made by respondent No.3 in paragraph 8 of the counter affidavit this petition is closed directing the Police Officer concerned to conduct a fair and proper investigation into the matter as stated in the said paragraph and with liberty to the right of petitioner to approach WP(C) No.26554/2010 3 the appropriate forum for further direction if any in the matter at the appropriate stage. THOMAS P.JOSEPH, Judge. cks