IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 15532 of 2010(Q) ------------------------ PETITIONER(S): ----------- K.A. RAMAN, KOZHIKOTTUVILAYIL, THVAYOOR VADAKKU, NELIMUKAL.P.O, CHAKUMUKKU, ADOOR, PATHANAMTHITTA. BY ADV. SRI.A.K.ALEX RESPONDENT(S): ----------- 1. STATE OF KERALA, REP. BY HOME SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, PATHANAMTHITTA. 4. DETECTIVE INSPECTOR, CRIME BRANCH CID, AAW-1, ALAPPUZHA. 5. ADDITIONAL DIRECTOR GENERAL OF POLICE (CRIMES), POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 6. CENTRAL BUREAU OF INVESTIGATIONS, REP. BY SUPERINTENDENT OF POLICE, KATHRUKADAVU, ERNAKULAM. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R6 GOVERNMENT PLEADER SRI. KAMMAPPU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. .......................................................... W.P. (C ) 15532 of 2010 ............................................................ Dated this the 23rd day of June, 2010 JUDGMENT The petitioner who is the father of a boy named Manu, dissatisfied with the investigation by the local police and the Crime Branch Police regarding the death of Manu, seeks a direction to the 6th respondent C.B.I. to take over the investigation . 2. Manu aged 22 years was residing along with his father the petitioner herein at Kozhikkootu Vilayil near Chakkumukku, Adoor, Pathanamthitta . Manu was found missing from his residence at 6 a.m. on 21-11-2006. Later on at about 2 p.m. on the next day his dead body was found in a dilapidated and unused well in Puthenvilayil compound situated near the house of the petitioner. The Sub Inspector of Police, Adoor registered a case as Crime No. 825/2006 under the caption “unnatural death” under Sec. 174 Cr.P.C. After conducting the inquest over the dead body it was dispatched to the Medical College Hospital, Kottayam from where Dr. B.K. W.P. (C ) 15532 of 2010 -:2:- Jameskutty , Lecturer in Forensic Medicine and Asst. Police Surgeon conducted autopsy over the dead body on 23-11-2006 at 11 a.m. The postmortem report confirmed that death of Manu was due to drowning. Manu had only four aberrations on his body by way of ante mortem injuries. Chemical examination of the viscera and other body organs preserved and sent for chemical examination by the autopsy surgeon ruled out the possibility of death by poisoning. Diatom test conducted in respect of water sample collected from the well and the water drawn from the dead body showed that death by drowning was from the water inside the well in which the dead body was found. Investigation was initially conducted by Abdul Rahim, K. Balakrishnan, V.J. Joshy and T. Rajappan - all Sub Inspectors of Adoor Police Station . Consequent on the petitioner moving the Home Minister the investigation was transferred to CBCID, Pathanamthitta where the case was re- registered as Crime No. 171/CR/KTM/07. Detective Inspector, CBCID, Pathanamthitta took over the investigation on 17-9-2009. During the investigation by the local police 30 witnesses including the autopsy surgeon had been questioned. The Crime Branch Police questioned 39 witnesses. and recorded their W.P. (C ) 15532 of 2010 -:3:- statements. The investigation thus far conducted revealed that Manu was in the habit of peeping into the houses where ladies were residing and there had been complaints from several ladies even to the Adoor Police. On 21-11-2006 Manu had got up from his bed at 5 a.m. After collecting water and keeping it in the toilet and closing the toilet door he set out on his “peeing mission” to the nearby houses having ladies. While returning he had accidentally fallen into the unused well in the rubber estate which has no boundary wall. The well had no revetment. The well had a depth of 7 metre and 3 cms. and there was water up to a certain height. 3. The suspicion of the petitioner that his son was murdered by one Govinda Pillai of Vipin Nivas and others appears to be totally unfounded. His further contention that eventhough death of Manu is stated to be due to drowning, no water was detected in the stomach is also without any basis. Diatom test had been conducted to confirm that Manu drowned in the water inside the well from which his dead body was recovered. The petitioner's speculation that acid must have been poured on the body of Manu and that might be the reason for the peeling of the skin on the back also remains in the W.P. (C ) 15532 of 2010 -:4:- region of a wild guess. The autopsy surgeon has opined that the aberrations found on the body of Manu could be caused by rubbing the respective parts of the body against the wall of the well during the course of the fall. 4. The Detective Inspector of Crime Branch Police had filed a final report before the Sub Divisional Magistrate, Adoor on 22-2-2010 to the effect that death of Manu was an accidental death. I have no reason to disbelieve the above conclusion. There is nothing to accept the petitioner's contention that the cause of death of Manu was homicidal. I am of the view that the further investigation conducted and concluded by the Crime Branch Police has been impartial , meaningful and foolproof and that the matter doesn't require any further investigation either by the Central Bureau of Investigation or by any other independent agency. This Writ Petition is accordingly, dismissed. Dated this the 23rd day of June, 2010. Sd/-V. RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge