IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST FEBRUARY 2011 / 12TH MAGHA 1932 WP(C).No. 30253 of 2010(F) -------------------------- PETITIONER(S): --------------- KURIAN @ KURIAKOSE, S/O.JOSEPH, KALATHUPARAMBIL, VELLIYODU AMSOM, DESOM, VILANGADU VIA., KOZHIKODE DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN SRI.KRISHNAN.S.RAJ SMT.A.R.SINDHU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT-695001. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHAKKADU, THIRUVANANTHAPURAM DISTRICT-695001. 3. THE SUPERINTENDENT OF POLICE, RURAL S.P. OFFICE, KANNUR DISTRICT-670001. 4. THE CIRCLE INSPECTOR OF POLICE, PERAVOOR POLICE STATION, KANNUR DISTRICT-670673. 5. THE SUB INSPECTOR OF POLICE, PERAVOOR POLICE STATION, KANNUR DISTRICT-670673. 6. THE DISTRICT SUPERINTENDENT OF POLICE, OFFICE OF THE CBCID, KANNUR DISTRICT-670001. GOVERNMENT PLEADER SHRI K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.30253 of 2010 -------------------------------------- Dated this the 1st day of February, 2011. JUDGMENT Petitioner’s close relative, Sinoj @ Kuttai was found missing in the month August, 2009 and unable to trace him, petitioner filed W.P.(Crl.) No.85 of 2010 in this Court to cause production of the said Sinoj. This Court passed interim order (Ext.P3) directing respondent Nos.1 to 5 therein to make all efforts to trace (the alleged detenu) Sinoj within a period of one month from that day. Valayam Police had in the meantime registered Crime No.170 of 2009 for man missing on 12.08.2009 and was investigating the case. While so, an anonymous letter was received that the skeleton of a male was found in Kannavam Forest within the local limits of Peravoor Police. Peravoor Police rushed to the spot and traced the skeleton. Peravoor Police registered Crime No. 158 of 2010 for unnatural death under Section 174 of the Code of Criminal Procedure (for short, “the Code”). Peravoor Police is continuing with the investigation of the case as if it is a case of murder and one Sabu was arrested and questioned. Certain recoveries are also said to be effected on the information given by him. While so petitioner has approached this Court with this petition complaining that there is no proper investigation of the case and that the Police was not able to find out any witness to the alleged incident. It is also complained that the Police is proceeding on the basis that Sabu is the only assailant on the information given by him. Petitioner suspected involvement of respondent Nos.7 and 8 in W.P. WP(C) No.30253/2010 2 (Crl.) No.85 of 2010. But, those persons are not even questioned. In the circumstances, it is prayed in this proceeding that respondents may be directed to take appropriate steps to handover the investigation (stated in the petition as Crime No.170 of 2009 of Valayam Police Station and Crime No.158 of 2010 of Peravoor Police Station) to an Officer not below the rank of the Deputy Superintendent of Police under respondent No.6 and for other reliefs. 2. I have heard learned counsel for petitioner and the learned Public Prosecutor. Learned Public Prosecutor submitted that it is a case depending on circumstantial evidence alone and that inspite of earnest effort made by the Investigating Officer no witness to the incident could be located. Sabu, the suspect in the case was arrested and questioned when he confessed that he caused the death of Sinoj on account of the (alleged) illicit relationship the latter had with his wife. Learned Public Prosecutor submitted that on the information given by Sabu recoveries were made, that investigation is proceeding in the correct line and at this stage no interference is required. 3. I have gone through the statement of respondent No.4 who is presently conducting the investigation. In that statement it is stated that about 66 witnesses were questioned in the case and that investigation is conducted with the help of Cyber Cell as well. On 15.06.2010 Sabu was arrested and after questioning him and getting information from him the case was altered from unnatural death to murder under Section 302 of the Indian Penal Code. WP(C) No.30253/2010 3 Respondent No.4 states about the statement given by the said Sabu on questioning and the recoveries effected based on that from Kannavam Forest. It is submitted that the sendor of anonymous letter was found to be one Baby, brother of the accused Sabu. He was questioned. He stated that he had sent the anonymous letter to Valayam Police Station when he came to know that his brother, Sabu had murdered Sinoj at Kannavam Forest. At that time Baby was in terminal stage of cancer and immediately thereafter he expired. Hence, Baby could not be further questioned. It is stated that Sabu is involved in the murder of Sinoj and that motive is the illicit relationship deceased had with the wife of the said Sabu. 4. Grievance of petitioner is that respondent Nos.7 and 8 in W.P.(Crl.) No.85 of 2010 have not been questioned by the Investigating Officer inspite of petitioner suspecting their involvement. It is not as if the Investigating Officer is required to question everybody whom relatives of the deceased suspect. Investigating Officer is to question any person who according to him is acquainted with the facts of the case. If on investigation Investigating Officer has reason to think that respondent Nos.7 and 8 in W.P.(Crl.)No.85 of 2010 are acquainted with the facts of the case, there is no reason why I should think that the Investigating will not question the said persons also. Learned Public Prosecutor submitted that result of the DNA test is being awaited by the Investigating Officer. Investigating Officer shall continue investigation of the matter. WP(C) No.30253/2010 4 5. On going through the statement of respondent No.4 and hearing learned counsel for petitioner and the Public Prosecutor I do not think that interference with the investigation is required or that the investigation has to be handed over to another agency. With the direction made above this petition is closed. THOMAS P.JOSEPH, Judge. cks