IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 33829 of 2010(C) -------------------------- PETITIONER(S): --------------- MAJU K.M.,S/O.BALAKRISHNAN NAIR(LATE) AGED 37 YEARS,KOLOTH MEETHAL HOUSE, CHELIYA P.O.,KOYILANDY TALUK,KOZHIKODE DISTRICT BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): --------------- 1. THE INSPECTOR, C.B.C.I.D.,KOZHIKODE 2. THE CENTRAL BUREAU OF INVESTIGATION COHCIN UNIT,REP.BY THE SUPERINTENDENT OF CENTRAL BUREAU OF INVESTIGATION, O/O.THE CENTRAL BUREARU OF INVESTIGATION, COCHIN UNIT,KADAVATHRA,ERNAKULAM 3. THE CENTRAL BUREAU OF INVESTIGATION, NEW DELHI,REP.BY ITS DIRECTOR 4. STATE OF KERALA,REP.BY THE CHIEF SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT,TRIVANDRUM ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R2 & 3 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR FOR R1 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- WP(C).No.33829 OF 2010 ---------------------------------------------- Dated this the 8th day of February, 2011 JUDGMENT Petitioner's father, a noted public figure, was found dead in a pond on 20.12.2008 near his residence. He was a political activist. Exhibit P1 is the certificate of postmortem examination, which, according to the petitioner revealed several serious antimortem injuries on the body and chemical examination suggested absence of water and other materials in the internal organs of deceased. Petitioner thought that the investigation is not proceeding in the correct line and that the real cause of death has not been unravelled by the investigating officer. Various reasons are stated by the petitioner for his thinking so. It is therefore prayed that investigation may be handed over to the Central Bureau of Investigation (for short, 'the CBI'). 2. In answer to the allegations made in the petition and explaining the steps taken in the investigation and its present stage, the Deputy Superintendent of Police, CBCID, HHW-III, Wayanad Sub Unit, which is under the Superintendent of the said wing at Kozhikode has filed a counter affidavit. It is stated that a case was originally registered under Section 174 of the Code of Criminal Procedure at WP(C).33829/10 2 Kozhilode Police Station on 20.12.2008 at about 09.00 hrs on the strength of a statement given by one P.V.Somasekharan. Local police, in the course of investigation, questioned 35 witnesses and seized certain material objects as also collected sample water from the pond for diatom test. The Director General of Police ordered transfer of investigation to the Crime Branch CID vide order No.1171/2009/M (H,V & T) dated 17.1.2009. As per order dated 16.2.2009 of Superintendent of Police, Crime Branch CID, Kozhikode investigation was entrusted to one P.M.Pradeep, Detective Inspector, Crime Branch CID, Kozhikode, who took over investigation on 17.2.2009 and continued it till 4.4.2009. When that officer was transferred investigation was entrusted to one P.T.Vasudevan, Detective Inspector, Crime Branch CID, Kozhikode, on 5.4.2010. Now the Superintendent of Police, Crime Branch CID HHW-III, Kozhilode has entrusted investigation to the deponent, the Deputy Superintendent of Police, Crime Branch, HHW-III wing. That officer has taken investigation after 6.8.2010. It is stated that the body of the deceased was found in a pond after about 12 hours of his leaving his house at about 20.30 hrs on 19.12.2009. The Senior Lecturer and Police Surgeon who conducted autopsy visited the scene of crime on 22.12.2009 and when questioned stated that diatom was detected in the bone marrow. He did not rule out possibility of dry drowning. Possibility of facial injuries being sustained by the impact of WP(C).33829/10 3 fall on the face on the irregular stones of steps near the site where dead body was found could not be ruled out. There is also reference to chemical examination of blood detected from the full sleeve shirt and other materials. The Medical officer, who conducted postmortem examination has stated in the certificate of postmortem examination that postmortem findings are not inconsistent with the history of death due to drowning. Even though the classical sign of wet drowning were not seen, possibility of dry drowning could not be excluded. Details of investigation conducted by the deponent are narrated in the counter affidavit all of which are not required to be extracted. Deponent says that there is no objection in handing over investigation to any other agency while denying the allegations of inaction or improper investigation. 3. Heard learned counsel on both sides and learned Public Prosecutor. 4. Learned Standing Counsel appearing for CBI would contend that since so many cases are entrusted to that agency for investigation, there is a dearth of officers to cope up with the situation and to cater to all the requirements. 5. On going through the report of the investigating officer referred to above, presently I do not find it necessary to order investigation by a different agency. But, I direct that the WP(C).33829/10 4 Superintendent of the CBCID, HHW-III Wing, which is now investigating the case shall monitor the investigation of the case. With the above directions and without prejudice to right of petitioner, if necessary, to approach this Court or the court of learned Magistrate in the light of the decision reported in Sakiri Vasu v. State of U.P (2008(1) KLT 724 (SC) ), this petition is closed. THOMAS P.JOSEPH, JUDGE vgs