IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7352 of 2011(T) ---------------------------------- PETITIONER: ------------------- THULASI BHAI,W/O.LATE ANIRUDHAN, MURUPPEL HOUSE,BALAN PILLA CITY,RAMAKKAL MEDU DESOM,KARUNAPURAM PANCHAYATH. BY ADVS. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): ------------------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM-695001. 2. THE SUPERINTENDENT OF POLICE, IDUKKI, PIN-685602. 3. THE DEPUTY SUPERINTENDENT OF POLICE, KATTAPPANA-685508. 4. PRINCE JOSEPH,SUB INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION,NOW WORKING AT MUNNAR POLICE STATION-685612. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SMT THOMAS P. JOSEPH, J. ------------------------------- W.P.(C) No. 7352 OF 2011 --------------------------------------- Dated this the 22nd March, 2011 J U D G M E N T Petitioner's son, Sreejith committed suicide on 1.12.2010. According to the petitioner, it was on account of threat and harassment made by the 4th respondent, the then Sub Inspector of Police, Nedumkandam. Petitioner feels that investigation is not proceeding in the correct line and hence seeks a direction to hand over investigation to the Dy.S.P. Kattappana with monitoring by the Superintendent of Police, Idukky. Learned counsel has invited my attention to Exts. P3 to P5. 2. I have heard the learned Public Prosecutor also. Learned Public Prosecutor submits that investigation is now being conducted by the Circle Inspector of Police, Nedumkandam. 3. According to the petitioner, in connection with an alleged theft 4th respondent came to the residence of son of petitioner on 30.11.2010 and asked him to report at the police station on 01.12.2010. Accordingly, accompanied by a political activist of the area son of petitioner went to the police station on 01.12.2010. The 4th respondent assaulted son of petitioner to compel him admit theft. The 4th respondent asked son of petitioner to come to the police station W.P.(C) No. 7352 OF 2011 2 alone on 02.12.2010. In the meantime, son of petitioner committed suicide on 01.12.2010 leaving behind a suicide note (Ext.P1). 4. I have gone through the CD file relating to the case. It is seen that statement of wife of the deceased was also recorded by the Investigating Officer (this is of course is denied by petitioner. It is contended that no notice under Sec.160 of the Code of Criminal Procedure was given to the petitioner or wife of the deceased). Exts.P4 and P5 are representations given by the wife of the deceased and petitioner to the Superintendent of Police, Idukky and Dy.S.P. Nedumkandam. 5. It is disclosed from the statement of the learned counsel that 4th respondent has been transferred to Munnar police station following the incident. Learned Public Prosecutor has submitted that in the light of certain paper reports (Ext.P3) which alleged that the deceased committed suicide following (alleged) harassment of 4th respondent, the Circle Inspector has taken the investigation as per direction of the Dy.S.P. and investigation is continuing. 6. Having heard learned Counsel for petitioner and the learned Public Prosecutor and perused the relevant records I am not persuaded to think that at this stage change of investigation is required. The W.P.(C) No. 7352 OF 2011 3 Circle Inspector of police shall continue the investigation and make all earnest effort to bring out the truth. With the above direction this petition is closed. THOMAS P. JOSEPH, JUDGE smt