IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 19551 of 2009(Q) -------------------------------------- CRIME NO.709/2008 OF MULANTHURUTHY POLICE STATION. ................... PETITIONER(S): ---------------------- MADHAVAN, AGED 63 YEARS, S/O.THEVAN, POOTHARAMALAYIL, NEAR PANARPALAM, PERUMPPALLY P.O., MULANTHURUTHY - 682 314. BY ADV. MR.M.R.NANDAKUMAR MR.M.T.MURALEEDHARAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY HOME SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, ERNAKULAM. 4. THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA. 5. THE CIRCLE INSPECTOR OF POLICE, PIRAVOM POLICE CIRCLE OFFICE, PIRAVOM. 6. THE SUB INSPECTOR OF POLICE, MULANTHURUTHY POLICE STATION, MULANTHURUTHY. R1 TO R6 BY PUBLIC PROSECUTOR MR.AMJAD ALI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.19551 of 2009 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 and 2, to entrust the investigation of the case of death of Sandhya with Crime Branch or to a special team to be constituted or to any other agency to conduct an independent, unbiased and uninfluenced investigation. 2. Learned counsel appearing for the petitioner and learned Government Pleader were heard. 3. Dead body of Sandhya, the granddaughter of the petitioner, was found hanging inside the residential house on 20.11.2008. Crime No.709/2008 of Mulanthuruthy Police Station was registered under the caption “unnatural death”. Inquest and postmortem were conducted and an enquiry under Section 176 of Code of Criminal Procedure was conducted. Exhibit P9 report was submitted to the WPC 19551/09 2 Sub Divisional Magistrate, Muvattupuzha by Deputy Superintendent of Police, Muvattupuzha stating that there is no suspicious cause for the death of Sandhya and it is a case of suicide. This petition is filed contending that no proper investigation was conducted. 4. In the petition, it is alleged that on the date of death of Sandhya, her brother, a student of 5th standard at St.Francis L.P. School, Amballoor, was there in the house and he was waiting for Sandhaya to accompany him to the bus stop and at that time, two persons, Mrs.Seethamma and Anoop, came there and Anoop gave money to Sanju, the brother of Sandhya and asked him to go and wait at the road side and when the boy was waiting at the road side, the two persons killed Sandhya and they were not questioned. 5. Learned counsel appearing for the petitioner submitted that dead body was found hanging from the roof, having a height of nine feet and there was no WPC 19551/09 3 bench or any other furniture, by which, the deceased could have tied the rope on the roof and all the circumstances were not properly considered by the Investigating Officer. Learned Government Pleader submitted that a proper enquiry was conducted and nothing suspicious was brought out and it was, therefore, concluded that it was a case of suicide and not homicide. 6. It is seen that subsequent to the death, complaining that a proper investigation is to be conducted, Exhibit P6 petition was submitted by the petitioner to the Director General of Police, Exhibit P7 petition to the Inspector General of Police, Southern Region and Exhibit P8 petition to Circle Inspector of Police, Piravom and in none of these petitions, allegation in the petition with regard to Seethamma or Anoop is mentioned. In fact, nobody was named as suspected persons. In such circumstances, I find no reason to give any direction to investigate the case further, as WPC 19551/09 4 sought for by the petitioner. Petitioner is at liberty to file a private complaint before the concerned Magistrate. If such a complaint is filed, alleging that any specified person like Seethamma or Anoop committed the murder, Magistrate would consider whether an inquiry is to be conducted by himself as provided under Section 202 or it is to be investigated by sending to the police under Section 156(3) of Code of Criminal Procedure. With liberty to approach the concerned Magistrate, petition is dismissed. 5th August, 2009 (M.Sasidharan Nambiar, Judge) tkv