IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH JULY 2010 / 7TH SRAVANA 1932 WP(C).No. 18735 of 2008(E) -------------------------- PETITIONER(S): ------------------------ PADMAVATHY, 60 YEARS, W/O.LATE ARAVINDAKSHAN , NADAYIL THEKKETHIL VEEDU, KATTAYIL, ODANAVATTOM PO, KOLLAM BY ADV. SRI.SIBI THOMAS JACOB SRI.JIMMI JOSE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DIRECTOR GENERAL OF POLICE KERALA, THIRUVANANTHAPURAM 3. THE SUPERINTENDENT OF POLICE, KOLLAM 4. THE C.I. OF POLICE, EZHUKONE, KOLLAM 5) S. I. OF POLICE, POOYAPPILY POLICE STATION, POOYAPPILLY KOLLAM 6. THE ADDL.DIRECTOR GENERAL OF POLICE CRIME BRANCH,THIRUVANANTHAPURAM GOVERNMENT PLEADER FOR R1TO6 SRI.C.S.HRITHWICK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.18735 of 2008 = = = = = = = = = = = = = = Dated this the 29 th day of July, 2010 JUDGMENT Petitioner, who is the mother of one Shaji aged 34 years who was found dead in a canal water near Kayyayil bridge at 6 am on 10.12.2005 under suspicious circumstances. She filed writ petition No.4040/2006 before this Court to hand over the investigation of Crime No.460/2005 of Pooyappilly Police Station (originally registered under the caption “unnatural death” under Section 174 Cr.P.C) to the Crime Branch Police. As per Ext.P4 judgment dated 26.5.2006, this Court directed the investigation to be conducted by the Circle Inspector of Police, Kollam East Police Station. Accordingly, the C.I. Of Police started investigation of the case. The petitioner now contends that the investigation has not made any headway. 2. The C.I of Police who is conducting the investigation filed two statements before this Court. As per the subsequent statement dated 8.7.2010 filed by the Investigating officer, he has concluded that there is no evidence to prove that the death W.P.(c)No. 18735 of 2008 2 of Shaji was due to homicide or that Shaji was done away with by anybody. He has prayed for two month's time to complete the investigation and to file the final report before the Magistrate. 3. The C.I. Of Police shall file the final report before the Magistrate within one month from today. In case the report is not satisfactory or in case the investigation conducted by the C.I. of Police does not reveal that it was proceeding on proper lines, the petitioner will be entitled to move the Magistrate for appropriate reliefs in the light of the decisions reported in Sakiri Vasu v. State of U.P and others. (2008(1) KLT 724 SC) Thomas C.V. v. Achamma Thomas( 2009(2) KHC 693). This writ petition is disposed of as above. Dated this the 29th day of July, 2010. V. RAMKUMAR, JUDGE sj