IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 3740 of 2007() CRIME NO. 398/2007 of KOILANDY POLICE STATION .................... PETITIONER: K.CHANDRAN, S/O.KANNAN, AGED 48 YEARS, MEETHALEKUYIPPIL HOUSE, MELOOR P.O., ELATTERY, KOILANDY TALUK, KOZHIKODE DISTRICT. BY ADV. SRI.NAVEEN.T RESPONDENTS: 1. THAYYALATH BALAN, S/O.LATE CHANDU, AGED 60 YEARS, THAYYALATH HOUSE, EDKULAM AMSOM, KOYILANDY TALUK, KOZHIKODE. 2. THAYYALATH RADHA, W/O.THAYYALATH BALAN, AGED 54 YEARS, THAYYALATH HOUSE, EDKULAM AMSOM, KOYILANDY TALUK, KOZHIKODE. 3. THAYYALATH BIJU, S/O.THAYYALATH BALAN, AGED 29 YEARS, THAYYALATH HOUSE, EDKULAM AMSOM, KOYILANDY TALUK, KOZHIKODE. 4. SUB INSPECTOR OF POLICE, KOYILANDY, KOZHIKODE DISTRICT. 5. DEPUTY SUPERINTENDENT OF POLICE, THAMASSERY, KOZHIKODE. 6. SUPERINTENDENT OF POLICE (RURAL), VADAKARA, KOZHIKODE DISTRICT. 7. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3740 of 2007 ========================== Dated this the 4th day of January, 2008. ORDER This Crl. M.C. has been filed alleging that there is no proper investigation into the cause of death of the petitioner's daughter whose dead body was found on railway track on 21.05.2007. The Sub Inspector of Police, Koilandy (R4) registered crime No. 398/2007 of Koilandy Police Station for offences punishable under Sections 304 B and 306 r/w Section 34 IPC. According to the petitioner, respondents 1 to 3, who are the accused in the case, had obtained an anticipatory bail order undeservingly from the Sessions Court, Kozhikode avoiding their custodial interrogation. The petitioner apprehends that no independent and impartial investigation will be conducted due to the collusive attitude of respondents 4 and 5. 2. The learned Public Prosecutor in charge of the case submitted that the charge sheet has already been filed on 18.10.2007 against respondents 1 to 3 for offences under Section 304 B and 306 IPC which are the offences for which FIR itself was CRL. M.C. NO. 3740/2007 : 2: registered. If so, the petitioner cannot now contend that there is no proper investigation of the case. If the petitioner is aggrieved by the incorporation of the above penal provisions, it is open to him to have recourse to the remedies including a protest complaint available to him in law. Recording the submission made by the Public Prosecutor, this Crl.M.C. is closed. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 3740/2007 : 3: