IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 4558 of 2009(P) ------------------------- PETITIONER(S): --------------- K.GOPINATHAN, ANUPAMA, KAVILPAD POST, PALAKKAD DISTRICT. BY ADV. SRI.G. JARARDANA KURUP (SENIOR ADVOCATE) SRI.B.VINOD RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HAD QUARTERS,THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, PALAKKAD DISTRICT. 4. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY FOR EXTERNAL AFFAIRS,NEW DELHI. 5. SECRETARY, MINISTRY FOR OVERSEAS AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 6. DIRECTOR, CENTRAL BUREAU OF INVESTI- GATION, NEW DELHI. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R6 GOVERNMENT PLEADER SRI GIKKU JACOB. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R4,R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4558 OF 2009 = = = = = = = = = = = = = = = Dated this the 2nd day of April, 2009. J U D G M E N T This writ petition is filed with a prayer to direct the 5th respondent to extend co-operation of the Kerala Police to have access hospital records or in the alternative direct the 6th to take up investigation of Crime No.91/07 registered by Hemambika Police Station. The short facts are as follows. 2. One Anitha Pathiyil was given in marriage in the year 2000 and she was doing her post-graduation in San Jose University. She died under mysterious circumstances and it is apprehended that the death is not a natural one but a homicide to attract S.302 of IPC. A complaint was filed before the Hemambika Nagar Police Station and they have initiated investigation. The grievance of the parents of the deceased is to the effect that nothing turns out or no progress is achieved in the investigation and therefore it has become necessary to have a serious thought about it and to W.P.C 4558 OF 2009 -:2:- entrust the investigation to the CBI. This Court directed the investigating officer in charge to file a report and the Assistant Superintendent of Police has filed a report on 27.3.20009. He has submitted that a crime is registered as 91/07 of the Hemambika Nagar Police Station u/s 304(B) IPC r/w S.34 IPC. Anitha died on 3.9.2004 and it was as a result of the burn injuries caused on 17-8-04. It is submitted that various petitions had been preferred before the Hon'ble Minister for Foreign Affairs and the Ministry of Kerala State to intervene in the matter for a proper investigation. He has also reported that effective investigation can only be possible by calling all records from California and by examining the witnesses there. It is further submitted that the local police is waiting for permission from the Director General of Police to visit California and ultimately it is submitted that, “It is submitted that this Hon'ble Court finds that it is a fit case to be investigated by CBI, we have no objection to hand over the same to the CBI.” Since the incident had taken place in the United States of America and the helplessness of the State Police to have W.P.C 4558 OF 2009 -:3:- approach and access to the entire process is highlighted and as the Central Bureau of Investigation is capable of doing the investigation in the right direction for the reason that it has got machinery and the infrastructural facilities for investigating most complicated cases I feel interest of justice requires that the investigation has to be done by the Central Bureau of Investigation to arrive at a proper decision. I have also to mention that the State Government has to render all necessary assistance and help to the CBI in the discharge of their duties. The CBI also shall file a report within two months to show what steps have been taken for investigating the case and the stage of investigation at that relevant point of time. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-