IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 13305 of 2006(H) -------------------------- PETITIONER(S): --------------- PADMINI.S.R., D/O.SOMAN, TC 42/829, G.K.GARDENS, HOUSE NO.38, SREEVARAHAM, VALLAKADAVU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL, CRIME BRANCH, THIRUVANANTHAPURAM. 3. THE STATION HOUSE OFFICER, THIRUVANANTHAPURAM FORT POLICE STATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER FOR R3 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/10 /2010,THE COURT ON 18/10/2010 DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. -------------------------- W.P.(C.No.13305 of 2006 --------------------------- Dated this the 18th October, 2010 JUDGMENT Kapil Sukesh, son of the petitioner committed suicide on 17-09-2004 by hanging, in his house. This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing respondents 1 and 2 to conduct an investigation and report the action taken to find out the culprits, in the Museum Police Station who were instrumental for the death of Kapil Sukesh contending that in Ext.P1 suicide note, Circle Inspector, Police Constables and the relatives and an advocate are shown responsible for the suicide. Petitioner would contend that against the incident which occurred on 15-05-2004, when the Police Commissioner and the Police party trespassed into the house of the petitioner and took away Kapil Sukesh, Ext.P2 complaint was filed before Women's Commission, Thiruvananthapuram and if proper W.P.(C.No.13305 of 2010 2 investigation is conducted, persons responsible for the suicide of Kapil Sukesh could be found out and they are to be properly prosecuted. 2. As directed the Sub Inspector of Police, Fort Police, for the third respondent, filed a statement disclosing that on 15-05-2004, the Circle Inspector of Police, Museum Police Station in connection with the investigation in Crime No.169 of 2004 registered under Section 307 of Indian Penal Code. The house of the petitioner was searched after submitting a search memorandum. Petitioner had caused serious obstruction, the search and thereby in discharge of the official duty of the police and also abused the Circle Inspector and therefore, Crime No.267 of 2004 was registered by Fort Police against her. On the basis of the statement by one Surendran, Crime No.542 of 2004 was registered under Section 174 of Indian Penal Code on the death of Kapil Sukesh. Kapil Sukesh committed suicide by hanging between 8.00 p.m and 2.00 a.m on 17-09-2004. The report of W.P.(C.No.13305 of 2010 3 postmortem reveal that death was due to hanging. It is also stated that investigation reveal that he was leading a wayward life and had fallen in the bad company of criminals. Till 16-09-2004, he was working as a security personnel in Pattam Uthradam Thirunal Palace. He was dismissed on 16-09-2004. He was mentally disturbed and that is the reason for the suicide note. A report was sent to Sub Divisional Magistrate stating that it is a case of suicide. Subsequently, an additional statement was submitted as directed by this Court, which reveal that on the petition submitted by the petitioner before the Chief Minister of Kerala, a detailed enquiry was conducted as directed by the Director General of Police by the Superintendent of Police of CBCID. The said enquiry reveal that petitioner is a habitual complainant, who is of the habit of sending false complaints and filing complaints against Police officers and police Personnel before the courts. It is stated that Kapil Sukesh was involved in Crime No.445 of 2001 registered under W.P.(C.No.13305 of 2010 4 Sections 450, 427 and 307 r/w Section 34 of Indian Penal Code and Crime No.169 of 2004 registered under Sections 143, 147, 148, 149, 450, 294(b), 323 and 307 of Indian Penal Code he was having a criminal background. It is also disclosed that one Ramesh, Head Constable is living with the petitioner, though he has a wife and children. The Superintendent of Police recommended action against him. The statement shows that there is no suspicion against the persons named in the suicide note for the death of Kapil Sukesh. 3. The learned counsel appearing for the petitioner and the learned Government Pleader were heard. 4. The petitioner is filed solely based on the suicide note. The suicide refers ill-treatment by Circle Inspector, Sub Inspector as well as the Police Constable, relatives of the petitioner and the counsel appearing for them before Thiruvananthapuram Courts. There is no specific allegation as against any of them except that it is W.P.(C.No.13305 of 2010 5 at the instance of the relatives of the petitioner Police were treating him and his mother with cruelty. Though it is alleged that as the mother had filed complaint against the Police, for the purpose of withdrawing that case, the mother and son were being threatened by the Police. But petitioner, the mother did not seek an investigation on such allegation, though Ext.P2 complaint filed before the Women's Commission. Considering the contentions raised in the writ petition and the statements filed by the petitioner, I find no reason to direct any investigation or enquiry as sought for, when based on the complaint filed by the petitioner before the Chief Minister, a detailed enquiry was conducted by Superintendent of Police. Petition is dismissed. M.SASIDHARAN NAMBIAR,JUDGE pm