IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 19241 of 2007(N) ---------------------------------------- CRIME NO.528/2005 OF VIYYUR POLICE STATION. ............. PETITIONER(S): ----------------------- SHAILAJA NAIR, M.N.HOUSE, THEKKE VAVANOOR P.O., VIA. KOOTTANAD, PALAKKAD DIST. BY ADV. SMT.K.V.BHADRA KUMARI RESPONDENT(S): ------------------------- 1. SUB INSPECTOR OF POLICE, VIYYUR POLICE STATION. 2. SUB DIVISIONAL MAGISTRATE, THRISSUR, OFFICE OF THE SUB-DIVISIONAL MAGISTRATE, THRISSUR. 3. DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH, THRISSUR, OFFICE OF THE DY.S.P. SPECIAL BRANCH, THRISSUR. 4. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 5. SUPERINTENDENT OF POLICE, CRIME BRANCH, CBCID, THRISSUR DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER MR.K.S. SIVAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19241/2007-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE FIR IN CRIME NO.528/2005 OF VIYYUR POLICE STATION. EXT.P2: COPY OF THE POST MORTEM CERTIFICATE DATED 07/10/2005. EXT.P3: COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE FINAL REPORT SUBMITTED BY THE 1ST RESPONDENT. EXT.P5: COPY OF THE COVERING LETTER ISSUED BY THE DY.SP. TO THE S.D.M. EXT.P6: COPY OF THE REPORT OF THE C.I. OF POLICE, TOWN WEST POLICE STATION, THRISSUR. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE SECRETARY, HOME DEPARTMENT DATED 10/02/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO.19241 OF 2007 ------------------------------------------ Dated 23rd February 2010 JUDGMENT Petitioner is the widow of Chandran Nair who died on 7/10/2005 while working as Manager of Maharashtra Bank, Thrissur. His body was found on the side of the railway track in between Mulankunnathukavu and Poonkunnam. Ext.P1 FIR was registered under caption unnatural death. After conducting inquest, body was sent for autopsy. Dr.Sheik Shakkeer Hussain, Senior Lecturer in Forensic Medicine, Medical College, Thrissur conducted autopsy and submitted the postmortem certificate showing 25 anti mortem injuries. The doctor certified that the deceased died due to the multiple Wpc 19241/07 2 injuries sustained. Case diary shows that statement of the doctor was recorded and the doctor stated that injuries 2 and 7 are independently sufficient to cause death in the ordinary course of nature and the combined effect of all the injuries would also cause death. Though incised wound was noted as item No.6 on the neck, doctor has stated that, that injury was only skin deep and neither muscles nor nerves nor bone was injured, corresponding to said injury. Police after investigation submitted a final report stating that death was caused while he fell from the train, as the dead body contained train ticket from Shornur to Thrissur and the body was found in between that places. Petition is filed under Article 226 of Wpc 19241/07 3 Constitution of India for a writ of mandamus directing further investigation based on Ext.P7 representation submitted by the petitioner, to the Home Secretary. In Ext.P1 representation petitioner stated it could only be a murder and cannot be accidental fall and no proper investigation was conducted. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. Case diary made available perused. 3. Case diary reveals that petitioner had gone along with minor daughter to Bhuvaneswar from Edappally, where they were living along with deceased Chandran Nair. Their son was studying in Wpc 19241/07 4 Bhuvaneswar. Petitioner and daughter returned on the night of 6/10/2005. Chandran Nair had attended the bank on 5/10/2005. On 6/10/2005 General Manager was expected to visit the bank. Naturally the bank Manager should have been there. Statements of the staff of the bank recorded under Section 161 of Code of Criminal Procedure reveal that as the Manager was not found, they thought he had gone to receive the General Manager and later when he was found not attending the bank, they tried to contact his house as well as his friends where he could have been. But all attempts were in vein. Statement of a customer recorded by the investigating officer reveals that on 5/10/2005, he was contacted by deceased Chandran Nair and he Wpc 19241/07 5 was asked to deposit the amount as General Manager will be visiting the next day. His statement further reveals that when on 6/10/2005, Chandran Nair did not reach the bank, he was requested by the bank staff to inform where he could be found and though he had given the mobile number, he could not be contacted. It is clear from the train ticket seen from the body that Chandran Nair had gone to Shornur either on the evening of 5/10/2005 or on the morning to 6/10/2005. His body was found on the side of the railway track from Shornur to Thrissur. It is possible that he committed suicide by jumping from the train or had accidentally fallen. There is no material to unearth what really transpired. Wpc 19241/07 6 4. Though learned counsel appearing for the petitioner based on the apprehension expressed by the petitioner submitted that he had financial transaction with one Sivadas and that angle was not properly investigated, case diary shows that investigation was conducted on that angle also. Investigation reveals that the deceased had acquainted with Sivadas while he was working in Madras and Sivadas was working in the film field and Chandran Nair had expressed his intention to invest in that field and had in fact invested money also, though it was done without the knowledge of the wife. Statement of Sivadas recorded by the investigating officer reveals that he has admitted the liability and expressed his willingness to pay that amount. Wpc 19241/07 7 But his financial condition was had, as at present he is residing in a one room rented house paying a monthly rent of Rs.750/-. 5. On going through the entire case diary, I find no basis for any reasonable apprehension that there was any foul play on the death of the husband of the petitioner warranting a further investigation as claimed by the petitioner. A direction for further investigation would result only in waste of time of investigating officer. In such circumstances, petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.