IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 17624 of 2008(W) ---------------------------------- PETITIONER(S): ------------------- ANANDAN PILLAI, POKKOD HOUSE, INCHAKKAD, KAKKAKKUNNU P.O., KOLLAM - 690 522. BY ADVS. SRI.P.KESAVAN NAIR SRI.K.G.CLEETUS RESPONDENT(S): --------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, OFFICE OF DIRECTOR GENERAL OF POLICE, VAZHUTHAKKAD, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, CRIME BRANCH, C.I.D, KOLLAM. 4. SUB INSPECTOR OF POLICE, SOORANAD POLICE STATION, KOLLAM DISTRICT. 5. CENTRAL BUREAU OF INVESTIGATION REP. BY ITS DIRECTOR, NEW DELHI. R1 TO R4 BY GOVT.PLEADER SRI.I.V.PRAMOD R5 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 17624/2008(W) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF FIRSTINFORMATION DATED 24/08/2003. P2: COPY OF INQUEST REPORT DATED 24/08/2003 CONDUCTED BY POLICE. P3: COPY OF THE POST MORTUM CERTIFICATE DATED 24/08/2003. P4: COPY OF THE FIR DATED 24/08/2003. P5: COPY OF THE REPRESENTATION DATED 27/09/2006 SUBMITTED TO THE HOME MINISTER OF KERALA. P6: COPY OF THE PRESS REPORTS PUBLISHED MATHRUBHUMI DAILY DATED 03/06/2005. P7: COPY OF THE LETTER DATED 07/09/2007 SENT BY THE SUPERINTENDENT OF POLICE. P8: COPY OF THE LETTER DATED 08/01/2008 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 17624 OF 2008 =========================== Dated this the 28th day of October,2010 JUDGMENT Petitioner, is the father of Bijukumar, who was found dead in a well on 23.8.2003, filed this petition under Article 226 of Constitution of India for a writ of mandamus directing first respondent to handover investigation of Crime 266/2003 of Sooranad Police Station, to CBI contending that the case is not being properly investigated. It is alleged that on the night of 23.8.2003 at about 10.15 p.m, petitioner his wife and daughter heard a cry that he is being murdered from the property of Jayachandran which is 10 metres to the west of their house and identified the cry as that of Bijukumar. They rushed to the spot; but could not find Bijukumar. It is alleged that Ramachandra Kurup, uncle of Bijukumar and W.P.(C)17624/2010 2 Vasanthi Kurup his wife were there and Janaki and Nabeeza the neighbours also rushed there hearing the cry. Finding them, Ramachandra Kurup and his wife left the spot. Petitioner and his wife could not find Bijukumar. They furnished the information of the incident to Sooranad Police Station on that night itself. Though police searched for him, it was in vain. On the morning of 24.8.2003, petitioner found human excretion and vomit near a dilapidated well in the property of Jayachandran, which was not being used. Suspecting that body of Bijukumar may be there, information was furnished to Fire Station, Karunagappally. They reached there at 8.30 a.m. and found out the body from the well. The son-in-law of the petitioner furnished the information to Sooranad Police Station and based on it under Ext.P1 Crime 266/2003 was registered. Post-mortem was conducted in Medical College, Thiruvananthapuram and Ext.P3 post-mortem certificate was issued. Though the case was being W.P.(C)17624/2010 3 investigated by the Circle Inspector of Police, Karunagappally, proper investigation was not conducted. In spite of a complaint to the Chief Minister, and investigation was entrusted to Crime Branch who took over the investigation on 10.5.2005, there was no proper investigation. It is therefore contended that investigation is to be entrusted to the CBI. 2. The Detective Inspector Crime Branch CID, Kollam submitted a statement, showing the details of the investigation. As per the statement, body of Bijukumar was found out from the well on 24.8.2003 at about 8.30 a.m. and based on the information Crime 266/2003 under section 174 of Code of Criminal Procedure was registered. As petitioner and others raised doubt regarding the death, Deputy Superintendent of Police, Karunagappally directed the Circle Inspector of Police, Karunagappally to take over the investigation. Circle Inspector of Police, Karunagappally conducted the investigation till W.P.(C)17624/2010 4 26.10.2003. Thereafter Sub Inspector of Police, Sooranad, conducted the investigation till an undetected report was submitted to the Sub Divisional Magistrate, Kollam. Petitioner filed a petition before Chief Minister requesting to investigate the case by Crime Branch. Accordingly investigation was transferred to Crime Branch CID Unit and it was renumbered as Cr.216/CR/KLM/05. The investigation was carried out by filing a report before Sub Divisional Magistrate, stating that the case is being investigated. The statement further discloses that based on the facts and circumstances of material evidence collected, it cannot be concluded that it was either a culpable homicide or suicide and earnest efforts are being made to collect more evidence. 3. Learned counsel appearing for the petitioner and learned Government pleader were heard. 4. There are several circumstances creating sufficient suspicion with regard to the nature of death. The parents of the deceased rushed to the W.P.(C)17624/2010 5 nearby property hearing a cry and suspecting that it is that of Bijukumar. Neighbours had also reached there. But he could not be found. The body was found on the next day near to that place, in a well. Though the post-mortem certificate shows that it is a case of death due to drowning, as pointed out by the learned counsel appearing for the petitioner Ext.P3 post-mortem certificate shows that Diatom test done with tissue bits and water sample, yielded negative result which should not ordinarily be the case if it is a case of death due to drowning. Though the case was investigated by the Sub Inspector of Police and thereafter by the Circle Inspector and again by the Sub Inspector it did not yield any result. Investigation was continued by the Crime Branch. The investigation is clearly not exhaustive. In such circumstances it is necessary to give sufficient direction to complete the investigation effectively and expeditiously. 5. The Case Diary made available by the learned W.P.(C)17624/2010 6 Government pleader shows that eventhough Circle Inspector of Police on 27.8.2003 enumerated four aspects which needs detailed investigation and the Detective Inspector Sri.Vinod Mathew George had enumerated six points to be thoroughly investigated,these aspects are not properly investigated. It is absolutely necessary to conduct a proper investigation on these points. Petition is disposed directing third respondent, Superintendent of Police, Crime Branch, CID, Kollam to entrust the investigation of Crime 216/CR/KLM/05 to a Senior Officer not below the rank of Deputy Superintendent of Police and to conduct a thorough investigation. All efforts shall be made to find out the truth and if it is a case of homicide, to find out the real culprits. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006