IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 32570 of 2009(Q) -------------------------- PETITIONER(S): ------------------------- K.K. BALAKRISHNAN, S/O. LATE RAMANKUTTY, CHENAKALANGADIYIL KUMMIL HOUSE, THENHIPALAM AMSOM DESOM, THENHIPALAM.P.O, MALAPPURAM DISTRICT, BY ADV. SRI.BABU S. NAIR RESPONDENT(S): ----------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, CBCID, PALAKKAD. 4. THE CENTRAL BUREAU OF INVESTIGATION REPRESENTED BY ITS DIRECTOR, NEW DELHI. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R4 GOVERNMENT PLEADER SRI.KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ................................. W.P.(c).No.32570 of 2009 .................................... Dated: 06.07.2010 JUDGMENT Petitioner, who is the father of one Suresh who died on 4.11.2008 pursuant to a road traffic accident that took place on 3.09.2008 on bye-pass junction at Kondotty, seeks a direction to respondents 1 to 3 (the State of Kerala, Director General of Police and Deputy Superintendent of Police, Crime Branch CID, Palakkad) to hand over the investigation of Crime No.802/2008 of Kondotty Police Station to the 4th respondent, the Central Bureau of Investigation. According to the petitioner, his son Suresh was murdered at the instance of one Mukesh and one Vijesh who were the persons who had called Suresh from his house. A sum of Rs.20,000/- which was with the deceased for the purpose of purchasing a motor bike was also missing from the dead body. 2. The Deputy Superintendent of Police, Narcotic Cell, Malappuram, who conducted the investigation and filed the W.P.(c). No.32570 of 2009 2 final report before the J.F.C.M, Malappuram has filed a statement as per which the petitioner's son who was the pillion rider of a motor bike bearing registration No.KL 55 A 401 driven by one Musthafa died as a result of a lorry coming from the opposite direction at bye-pass junction at Kondotty dashing against the motor bike. Petitioner's son and the said Musthafa sustained fatal injuries to which both of them succumbed. 3. In as much as the Dy.S.P. has already filed the final report before the Magistrate on 31.8.2009 alleging the commission of offences punishable under Sections 279 and 304A IPC, against the driver of the lorry, in the light of the decision of the Apex Court in Sakiri Vasu v. State of U.P and others. (2008(1) KLT 724 SC) the petitioner will have to move the Magistrate for initiating a further investigation under Section 173(8) Cr.P.C. In case the petitioner is able to satisfy the Magistrate that there are circumstances and grey areas necessitating a further investigation either by W.P.(c). No.32570 of 2009 3 the Crime Branch of Police or by the CBI and files an application seeking further investigation and in case the Magistrate, after perusing the records and hearing both sides comes to the conclusion that the matter requires a further probe by an independent agency, it shall be lawful for the Magistrate to order further investigation by any of those agencies, in the light of the judgment rendered in Meenu Kumari v. State of Bihar (2006)4 SCC 359) This writ petition is disposed of as above. Dated this the 6th day of July, 2010. V. RAMKUMAR, JUDGE sj