IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 23RD OCTOBER 2009 / 1ST KARTHIKA 1931 WP(C).No. 19530 of 2009(Q) --------------------------------------------- CRIME NO.236/2007 of VATTIYOORKKAVU POLICE STATION ............. PETITIONER: MOHANAN.P., S/O.PANKAJAKSHAN, SARASWATHY NILAYAM, PLACKOTTUKONAM, KAVINPURAM, VILLAPPILSALA, NEYYATTINKARA. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: 1. THE STATE OF KERALA, REP. BY ITS SECRETARY, HOME DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA PHQ, THIRUVANANTHAPURAM. 3. THE CENTRAL BUREAU OF INVESTIGATION (CBI) REP. BY ITS DIRECTOR, NEW DELHI. 4. THE SUPERINTENDENT OF POLICE, CBCID, THIRUVANANTHAPURAM. 5. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 6. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA PS. 7. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU PS. BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R3 GOVT. PLEADER SRI.S.U.NAZAR FOR R1 & R2-R4 TO R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.19530 of 2009 Q -------------------------- JUDGMENT Petitioner is the brother of deceased Soman. His dead body was found in a well situated inside the locked compound of one Raveendran Nair on 3.8.2007. Earlier, Crime No.236/2007 of Vattiyoorkavu Police Station was registered under the caption “man missing” on 18.7.2007 as the deceased Soman did not return home on the night of 17.7.2007 and motor cycle was found parked on the way. Later, the dead body was found in a decomposed state on 3.8.2007. Petitioner had earlier approached this Court by filing W.P.(C)No.34067/2007 for a CBI investigation. By Exhibit P8 judgment dated 1.4.2008, the writ petition was disposed directing that the investigation is to be taken over by another official and Commissioner of Police, Thiruvananthapuram is to supervise and monitor the investigation and if it is found that seventh respondent is not able to come to any authentic and reasonable conclusions, fifth respondent must consider the question of entrusting the WPC 19530/09 2 investigation to some other agency or to some senior, experienced and more competent investigating officer. Finding that in spite of the directions no effective investigation was conducted, this petition was filed under Article 226 of Constitution of India for a writ of mandamus directing transfer of the records and investigation to the third respondent Central Bureau of Investigation. 2. Case of the petitioner is that in spite of the directions, no attempt is made to effectively investigate the case adopting scientific methods and when death of Soman was homicide, the real culprits are to be apprehended and as an effective investigation is not being carried out, investigation is to be handed over to the Central Bureau of Investigation. 3. Sixth respondent Circle Inspector of Police Peroorkada Police Station, who was entrusted with the investigation after Exhibit P8 judgment, filed a statement dated 14.8.2009, showing the progress of the investigation. It reveals that no sufficient materials could be unearthed by the Investigating Officer to fix the culprits. As it is found that the statement filed WPC 19530/09 3 is not comprehensive, an additional statement was directed to be submitted. Sixth respondent thereafter filed another statement dated 12.10.2009. It shows that the Samsung Mobile Phone found on the body of the deceased in the well was sent to Forensic Science Laboratory, Thiruvananthapuram to verify whether it had stopped functioning due to any external force or its contact with water in the well and the report is awaited. It also reveals that the rain coat, shirt and pants worn by the deceased, found on the body, were collected and sent to Forensic Science Laboratory and the report is yet to be received. 4. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 5. Learned counsel appearing for the petitioner submitted that the statement and the additional statement filed by the sixth respondent reveal that no progress whatsoever was made after filing of the statement earlier in Exhibit P8 writ petition and in such circumstances, the investigation is to be entrusted to the Central Bureau of Investigation or to some other agency. Learned Government Pleader submitted WPC 19530/09 4 that the case is being investigated properly. 6. On going through the statement and the additional statement submitted by the sixth respondent, who is investigating the case, it is clear that in spite of the directions in Exhibit P8 judgment for an efficient and effective investigation, to be monitored by the Commissioner of Police, the investigation did not yield the desired result. In such circumstances, it is clear that if the investigation is to be conducted by the sixth respondent, there is no reasonable possibility of arriving at the real truth or apprehending the culprits. Interest of justice warrants that an effective investigation is carried out. For that purpose, the investigation is to be entrusted to the Crime Branch, with a direction that the case should be investigated by an officer not below the rank of a Deputy Superintendent of Police. Writ petition is disposed directing second respondent, the Director General of Police, to entrust the investigation of Crime No.236/2007 of Vattiyoorkavu Police Station to the Crime Branch making it clear that the investigation is to be carried out by an officer WPC 19530/09 5 not below the rank of a Deputy Superintendent of Police. It is also made clear that the Investigating Officer shall effectively and efficiently investigate the case and complete the investigation expeditiously. 23rd October, 2009 (M.Sasidharan Nambiar, Judge) tkv