IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 7313 of 2011(L) ---------------------------------------- (CRIME NO.211/2009 OF KARIPPUR POLICE STATION) ..... PETITIONER(S): ------------------------- SULOCHANA, AGD 42 YEARS, D/O.CHANTHU, MELEKONOTHU HOUSE, PULIKKAL PO, PARAVUR, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SRI.RAKESH.K. RESPONDENT(S): --------------------------- 1. THE SUPERINTENDENT OF POLICE, MALAPPURAM - PIN 676 505. 2. THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY THE SUPERINTENDENT OF POLICE, CBI COCHIN UNIT, KATHRIKADAVU,COCHIN PIN 682 016. R1 & R2 BY SR.PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.7313 of 2011 --------------------------------------- Dated this 21st day of March, 2011 JUDGMENT De facto complainant in Crime No.211 of 2009 of Karippur Police Station is the petitioner before me. That crime was registered in connection with the death of Sujisha, daughter of petitioner. She had an unnatural death on 30.12.2009. Her body was traced from the water in a nearby granite quarry. Police started investigation. According to the petitioner, the police is under a wrong impression that Sujisha committed suicide. It is the grievance of petitioner that involvement of Kuppodan Biju who is the first cousin of the deceased was not investigated. Petitioner says that the said Biju had illicit relationship with Sujisha and that led to her death. Since investigation is not proceeding in the correct line, petitioner made a representation to the Chief Minister and other authorities seeking proper investigation. In the circumstance, it is requested that investigation may be handed over to the Central Bureau of Investigation (for short, "the CBI”) or some other agency. 2. I have heard learned counsel for petitioner, standing counsel for the CBI and the learned Public Prosecutor. Learned W.P.C.No.7313 of 2011 -: 2 :- counsel submitted that investigation by the local police has not been removed the suspicious circumstances surrounding the death of the deceased. It is pointed out that the alleged suicide was in a quarry having shallow water. The shaul and chappals of the deceased were found near the quarry. The postmortem examination did not reveal presence of water in the internal organs of the deceased. It is also pointed out that though the medical officer who conducted postmortem examination opined that postmortem findings are not inconsistent with drowning (death due to) poisoning has to be ruled out, no investigation in that line was conducted. Learned Public Prosecutor in response contends that investigation is being continued by the Circle Inspector, investigation conducted so far ruled out possibility of homicide but indicated suicide due to some frustration. Postmortem examination ruled out any sexual assault. The (alleged) suicide note has been sent to the expert and his opinion is awaited. Learned Public Prosecutor has invited my attention to the statement submitted by the Circle Inspector concerned. Learned Standing Counsel for the CBI would contend that having regard to the nature of the case it is not necessary to hand over investigation to the CBI. Learned counsel has placed reliance on W.P.C.No.7313 of 2011 -: 3 :- the decision in State of West Bengal v. Committee for Protection of Democratic Rights (2010(1) KLT 723). 3. In the above decision the Supreme Court has stated, though no exhaustive, the circumstance in which a case could be handed over to the CBI for investigation. Having regard to the nature of this case and the grievance of petitioner I am not persuaded to think that the case is to be handed over to the CBI or any other agency. 4. Assuming that there was no water contends in the internal organs of the deceased that may not rule out possibility of drowning. There may not be water in the internal organs of the deceased in the case of wet drowning as authorities say. 5. According to the learned counsel, there was no possibility of the deceased going to the quarry for committing suicide since if at all she wanted to do so, she could have done it at her house. That is no reason to exclude death by suicide. In the letter dated 21.04.2010 from the Superintendent of Police, Malappuram to the Additional Secretary to the Chief Minister it is stated that investigation revealed that the deceased had committed suicide by jumping into the water in the quarry and that if in the investigation involvement of Kuppodan Biju in any W.P.C.No.7313 of 2011 -: 4 :- manner is revealed, appropriate action will taken in the matter. But that letter is dated 21.04.2010. The Circle Inspector in his statement dated 14.03.2011 has stated that investigation did not reveal involvement of the said Biju. 6. Having regard to the circumstances placed before me I am not persuaded to think that a change of investigation is required. The Circle Inspector shall continue investigation as provided under law and reach appropriate conclusion as the materials disclosed. This petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge