IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 506 of 2009(I) --------------------------------- PETITIONER(S): ------------------------ S.SANDINI, THALAPPOTTA VEEDU MANKURUSSERRY, MANKARA. BY ADV.MR.K.MADHUSOODHANAN NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA HOME DEPARTMENT, REP. BY ITS SECRETARY GOVT. SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE PALAKKAD. 4. SUB INSPECTOR OF POLICE MALAMPUZHA. 5. SUPERINTENDENT CENTRAL BUREAU OF INVESTIGATION,KATHRIKKADAVU, KOCHI. ADV. MR.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R5 GOVERNMENT PLEADER MR.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.506/2009 APPENDIX PETITIONERS' EXHIBITS: P1:- COPY OF THE FIR IN CRIME NO.68/06OF MALAMPUZHA POLICE STATION REGISTERED UNDER SECTION 174 CR.P.C. P2:- COPY OF THE POST-MORTEM REPORT DT. 4.5.06 PREPARED BY THE DISTRICT POLICE SURGEON, DISTRICT HOSPITAL, PALAKKAD. P3:- COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HONOURABLE CHIEF MINISTER OF KERALA DT. 21.10.07. //TRUE COPY// P.S. TO JUDGE tss M.N.KRISHNAN, J ===================== W.P.(C) No.506 OF 2009 ===================== Dated this the 25th day of February 2009 JUDGMENT This writ petition reflects the feelings of a mother, who had lost her son at the age of 14 and attempting to knock at the doors of justice to have a proper investigation in the case. The petitioner herein is the mother of deceased Ajil, aged 14 years whose body was found floating in the water of Malampuzha Dam. He was a student of the IXth Standard and there were indications that he was subjected to unnatural sex as well as ante-mortem injuries on his head and neck. The death had taken place somewhere on 11.5.2006 or on 12.5.2006 and in spite of repeated investigation by so many officers of the State, it is submitted that they are not able to get any clue regarding the incident. So, really, it is the aggrieved feeling of the mother to approach this Court for investigation by the Central Bureau of Investigation. 2. The State has filed a very detailed report right from the inception how the investigation has been progressing. It is seen that a large number of investigating officers had put their hands together and separately to find a WP(C) 506/2009 -:2:- way out to book the culprits. But, still it is in the stage from where it started. The Circle Inspector of Police in his report submits that the investigation of the case is being conducted sincerely but unfortunately, no clue has been received about the accused in the case. It is also submitted that if the court orders to hand over the investigation they have no objection for the same. 3. Learned counsel for the CBI would submit before me that in all cases, there cannot be a direction to the CBI to investigate and it is not a case which involves inter-State or other matter but a case of a death of a person. Central Bureau of Investigation is an establishment which has sufficient power and scientific methods of investigating the case. Here, the plight of a mother who had lost her only son is a matter to be looked into and it is an offence which requires a detailed investigation to book the culprit. Therefore, I am not prepared to accept the contention of the learned counsel for the CBI that it shall not be entrusted with the investigation. He would also submit that in case the Court orders the necessary infrastructural help should be given by the State. The object of handing over the investigation is to book the culprits and in the process it is the duty of the CBI as well as the State to work harmoniously to find out the truth. When the infrastructural facilities are necessary, I feel the Government have to WP(C) 506/2009 -:3:- provide the same for a proper and correct investigation. Therefore I allow the writ petition and direct the CBI to take over the investigation and further direct the present investigating agency to hand over all material papers to the CBI. I also direct the State Government to render necessary help, if asked for, with respect to the infrastructural and other facilities. Let us hope that a fruitful investigation be done and the culprits are booked. M.N.KRISHNAN, JUDGE Cdp/-