IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 34957 of 2010(T) --------------------------------- PETITIONER(S): ------------------- VEERAVUMMA, W/O. LATE HAMSA, VELLAKKAVIL VEEDU, P.O. THIRUVEGAPPURAM, VIA. PATTAMBI, PALAKKAD. BY SRI.P.VIJAYA BHANU, SENIOR ADVOCATE ADVS. SRI.M.REVIKRISHNAN SRI.UNNI SEBASTIAN KAPPEN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRTARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE SUPERINTENDENT OF POLICE, C.B.C.I.D. PALAKKAD - 678 001. 3. DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI - 1210 001. R1 & R2 BY GOVT.PLEADER SRI.K.J.MOHAMMED ANZAR R3 BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs THOMAS P. JOSEPH,J. ........................................... W.P(C).NO.34957 OF 2010 ............................................. Dated this the 28th day of February, 2011. JUDGMENT This petition is seeking investigation by the Central Bureau of Investigation (for short, “the CBI”) into Crime No.501 of 2004 of Pattambi Police Station. Petitioner's husband, one Hamsa, was found dead near the Railway track between Pattambi and Perumudiyoor on 25.12.2004. On the information received, the Pattambi police registered Crime No.501 of 2004 under Section 174 of Code of Criminal Procedure and started investigation. The body of the deceased was subjected to postmortem examination. On investigation, the investigating officer was under the impression that it is a case of suicide. That impression was gathered based on the nature of injuries found on the body of the deceased (on its left side). According to the petitioner, investigation was not carried out in the proper manner. She alleged that there was no occasion for her husband to commit suicide. He was engaged in the : 2 : W.P(C).NO.34957 OF 2010 business of sale of hollow bricks. On 24.12.2004 at about 10.30 a.m two Hindi speaking persons met petitioner's husband at his factory and took him to Pattambi on the impression that it is in connection with the business. The next day his dead body was seen near the Railway track. Petitioner filed W.P.(C)No.29250 of 2006 in this Court complaining that investigation by the local police was not satisfactory. This court by judgment dated 25.10.2006 directed that the investigation to be handed over to a better team and accordingly, the CBCID, Palakkad took over investigation. Petitioner again came to this Court with a writ petition W.P.(C).No.34028 of 2007 for investigation by the CBI. This Court disposed of that writ petition as per Ext.P5, judgment dated 17-6-2009 directing the second respondent to investigate the case further taking into account grievance of petitioner that two Hindi speaking persons had taken her husband from his factory on 24.12.2004. 2. In this writ petition, it is alleged that even thereafter there was no progress in investigation and in the : 3 : W.P(C).NO.34957 OF 2010 circumstances, it is requested that the case may be entrusted to the CBI. Learned counsel for petitioner has argued that there is no progress in investigation in spite of lapse of several years. In the circumstances, it is prayed that the case may be entrusted to the CBI for further investigation. 3. The second respondent has filed a detailed counter affidavit explaining the steps taken in the investigation and its present stage. It is pointed out that investigation was conducted by the Detective Inspector, Crime Branch CID, Palakkad. Learned Public Prosecutor submitted that the CD file runs into three volumes and that based on the information received regarding two Hindi speaking persons who are said to have taken the deceased from his factory, diagrammatic sketch of the said persons was prepared and publish wherever it was possible and investigation was conducted in that matter for about 45 days. It is stated that so many North Indians working in and around the scene of occurrence and in particular Railway stations, canteens etc were questioned, but no clue : 4 : W.P(C).NO.34957 OF 2010 could be obtained. According to the learned Public Prosecutor, it is not a case where the Investigating Agency had not investigated the case properly but in spite of vigorous investigation the two suspects could not be traced. On the materials on record, it appeared to be a suicide. The Investigating Officer has submitted a report to the Additional Director General of Police, Crimes on the conclusion that death of the deceased was due to suicide. 4. Learned Standing Counsel for the CBI submitted that on the facts and circumstances of the case, this is not a fit case to be transferred to the CBI since no national or international ramification is involved. The state police has investigated the matter for long years in an effective manner and has concluded that it is a case of suicide. In such circumstances, handing over the investigation to the CBI is of no use, it is contended. 5. I have considered the arguments advanced by learned counsel for the petitioner, learned Public Prosecutor and learned Standing Counsel for the CBI. 6. In paragraph 15 of the counter affidavit filed on behalf : 5 : W.P(C).NO.34957 OF 2010 of the second respondent, it is stated about the steps taken by the Detective Inspector, CBCID, Palakkad in the investigation of the case. After the case was re-opened on 17.6.2009 (after a report was submitted to the Sub Divisional Magistrate that death was by way of suicide and this Court directed further investigation), diagrammatic sketches of the Tamil and Hindi speaking persons were circulated to the police stations and Railway stations and shown to the Railway Contractors of Pattambi, Engineers, workers and staff of Railways. Crime cards were prepared with the identifications marks of the suspected persons and circulated among various police stations of Palakkad District and other districts of the State. Later the investigation was continued by the Detective Inspector, CBCID, HHW-II, Sub Unit of Palakkad. That officer also questioned and recorded statement of witnesses including petitioner, son of the deceased and others. It is stated that earnest, sincere and effective investigation was conducted to locate the Tamil and Hindi speaking persons but no clue could be obtained so far about them. In paragraph 17, it is : 6 : W.P(C).NO.34957 OF 2010 stated that investigation conducted so far revealed that death is suicidal and would have occurred by the hitting of a running train. Medical evidence and scientific information corroborated the said conclusion. 7. Learned counsel for the petitioner contends that conclusion regarding death by suicide is primarily based on presence of injuries on the left side of the body of deceased, but there was a deep injury on the right side of the head of the deceased. From the mere presence of injuries, it may not be possible to conclude either way regarding the cause of death. A conclusion regarding cause of death appears to me to be premature at this stage as the two suspects are still at large and could not be questioned. Naturally a doubt would arise why the deceased should go to Pampa with the two persons from his factory on 24-12-2004 and commit suicide at a far away place on the railway track. It would appear that the diagrammatic sketch of the two suspects was not circulated in states outside Kerala. If the two suspects have already left Kerala there is no point in searching for them in this State alone. Investigation has to be : 7 : W.P(C).NO.34957 OF 2010 extended beyond the State also. The sketch of the suspects could be sent to the Police Head Quarters in other states also to be circulated in those states through the various police stations and attempt could be made to trace out the suspects. This could be done by the present investigating agency. I am also not inclined to think that this case has to be handed over to the CBI. Hence the request to hand over the case to CBI cannot be entertained. But the present team of investigating officers shall continue investigation rather than closing the case as one of suicide. The present investigating agency shall pursue their efforts to trace the suspects in other states also if necessary by sending their sketches to the Police Head Quarters in all the states. 8. Resultantly this petition is disposed of directing the present investigating agency to continue their investigation. They shall submit report once in three months beginning from 01-03-2011 to the Chief Judicial Magistrate, Palakkad who shall issue further directions, if any, required in the matter. THOMAS P. JOSEPH, JUDGE. cl