IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 1ST DECEMBER 2010 / 10TH AGRAHAYANA 1932 WP(C).No. 21965 of 2010(Q) --------------------------------------- PETITIONER(S): ----------------------- LEELA D., D/O.DEVAKI, AGED 50 YEARS, VINOD BHAVAN, PERUMBAKONAM, KOTTAKKAL P.O., PALIYODE, NEYYATTINKARA, TRIVANDRUM. BY ADV. SRI.C.S.MANILAL SRI.SABU S.KALLARAMOOLA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. PIN- 695 001 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM. 695 001 3. THE DISTRICT SUPERINTENDENT OF POLICE, TRIVANDRUM RURAL, TRIVANDRUM.695011 4. THE SUB INSPECTOR OF POLICE, NEYYATTINKARA POLICE STATION, NEYYATTINKARA, TRIVANDRUM-695121. BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C)No. 21965 OF 2010 =========================== Dated this the 1st day of December,2010 JUDGMENT The mother of deceased Vinod filed this petition under Article 226 of the Constitution of India for a writ of mandamus directing second respondent to constitute a special team and to conduct an effective impartial investigation in Crime No.935/2009 of Neyyattinkara Police Station. 2. Crime 935/2009 was registered under section 174 of Code of Criminal Procedure based on the information furnished by the social worker by name Sreekumar on 9.12.2009 who found injured Vinod near the Railway track at Irambil. Though Vinod was taken to Taluk Headquarters Hospital, Neyyattinkara and then to Medical College Hospital, Trivandrum, he succumbed to the injuries on 8.12.2009 at 11.30 W.P.(C)21965/2010 2 a.m. Crime was registered under section 174 of Code of Criminal Procedure. The identity of the deceased was not known at that time. Finding newspaper reports, relatives of the deceased raised suspicion on the death. There was a request for re-postmortem. There was agitation also. As directed by Deputy Superintendent of Police, Neyyattinkara by order dated 10.12.2009, Tahsildar prepared a re-inquest. A re-postmortem was also conducted. The certificate of postmortem reveals that death was caused due to the head injury, which could have been caused by a train. 3. The statement filed by the Circle Inspector of Police, Neyyattinkara who investigated the case reveals that proper investigation was conducted. The investigation revealed that deceased had a love affair which was not successful. The deceased had disclosed to the girl that he had even attempted to commit suicide earlier. The statement of the girl further reveals that on the date of the incident Vinod had tried to contact her and had W.P.(C)21965/2010 3 sent a short message that he is walking towards his death. In the light of the facts revealed in the investigation, it is clear that it was not a homicide but a suicide. 4. On hearing the learned counsel and going through the statement, I do not find that any further investigation is warranted. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006