IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 1ST APRIL 2008 / 12TH CHAITHRA 1930 WP(C).No. 34067 of 2007(E) -------------------------- PETITIONER: ------------ MOHANAN.P., S/O.PANKAJAKSHAN, SARASWATHY NILAYAM, PLACKOTTUKONAM, KAVINPURAM, VILLAPPILSALA, NEYYATTINKARA. BY ADV. SRI.SUMAN CHAKRAVARTHY RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE KERALA, PHQ, THIRUVANANTHAPURAM. 3. THE CENTRAL BUREAU OF INVESTIGATION (CBI) REP. BY ITS DIRECTOR, NEW DELHI. 4. THE SUPERINTENDENT OF POLICE, CBCID, THIRUVANANTHAPURAM. 5. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM CITY. 6. THE CIRCLE INSPECTOR OF POLICE, PEROORKADA PS. 7. THE SUB INSPECTOR OF POLICE, VATTIYOORKAVU PS. BY ADV. SRI.S.SREEKUMAR, SC FOR CBI GOVERNMENT PLEADER SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.34067 of 2007 ---------------------------------------- Dated this the 1st day of April 2008 J U D G M E N T The petitioner is the brother of the deceased Soman, who was found missing from 17/7/2007. The deceased Soman was a driver by profession and he had gone to his employer in connection with his duty on that day. He did not return on that night and frantic efforts were made to trace him. His motor cycle was found parked on the way. F.I.R under the caption “man missing” was registered on 18/7/2007. Efforts to trace the said Soman did not bear any fruit. On 3/8/2007, it was found that a body was available in a nearby well. That well is in a compound near the place where the motor cycle was seen parked. The said well had a parapet also. A dead body was found inside that well in a de-composed state on 3/8/2007. The same was identified to be that of the said Soman. Soman had purchased some articles on that day as requested by his wife and those articles were also found available in the well. Investigation continued under the caption unnatural death. So far police have not been able to come up with any specific theory W.P.C.No.34067/07 2 to explain death. It is now assumed that Soman must have parked his vehicle and must have gone to the neighbouring residential compound and must have fallen into the well and got drowned. 2. This theory has many loose ends. The postmortem certificate shows that the deceased has not suffered any injuries. But it cannot be forgotten that the body was traced only on 3/8/2007 after Soman was found missing on 17/7/2007. Investigation is in progress. The local Sub Inspector of Police is conducting the investigation. No specific conclusion has been reached so far. 3. It is in these circumstances that the petitioner, a brother of the said Soman has come to this court with a request that investigation may be entrusted to more competent hands. Statement has been filed by the investigating officer. The case diary was also placed before me for perusal. 4. Having considered all the relevant inputs, I agree with the learned Public Prosecutor that it cannot be held specifically that there has been any inadequacy, impropriety or insufficiency in the conduct of the investigation so far. It is true that the police have not come to any final conclusions so far and have not W.P.C.No.34067/07 3 collected any satisfactory material to enable them to sail to any specific and authentic conclusion. 5. The learned Public Prosecutor submits that at this stage, there is absolutely no necessity to entrust the investigation to any other officer or agency. The present investigating officer is doing the needful. He is leaving no stone unturned. He may be given reasonable further time to complete the investigation, submits the learned counsel for the petitioner. 6. Having considered all the relevant circumstances, I am satisfied that it is not necessary now to direct that the investigation be taken over by any other official. At the same time, I am satisfied that there can be a specific direction issued to the fifth respondent,Commissioner of Police, Thiruvananthapuram City that he must properly supervise and monitor the investigation which is now being conducted by the seventh respondent. The fifth respondent must discharge his duties under Section 36 of the Cr.P.C and if it is found that the seventh respondent is not able to come to any authentic and reasonable conclusions the fifth respondent must consider the question of W.P.C.No.34067/07 4 entrusting the investigation to some other agency or some senior, experienced and more competent investigating officer. I am not satisfied that any further specific directions need be issued in the matter now. The fifth respondent shall consider the entire materials collected and within a period of three months take a decision on the further steps that ought to be taken. Action taken shall be reported to this court. Petitioner shall also be apprised by the fifth respondent of this action taken. 7. This petition is dismissed with the above observations. I may hasten to observe that the dismissal of this petition will not fetter the rights of the petitioner to seek appropriate directions at a later stage if results are not achieved in the investigation. (R.BASANT, JUDGE) jsr W.P.C.No.34067/07 5 W.P.C.No.34067/07 6 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007