IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 4334 of 2006(N) ------------------------- PETITIONER(S): --------------- LAWRENCE, AGED 51 YEARS, S/O. FRANCIS, KATTUPURAYIDOM, ARAVILA, MEENATHU CHERRY, KAVANADU P.O., SAKTHIKULANGARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.S.GIRISH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY (HOME DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA. 3. THE SUPERINTENDENT OF POLICE, KOLLAM. 4. THE SUB INSPECTOR OF POLICE, ANCHALUMMOODU, KOLLAM. 5. THE SUPERINTENDENT CB CID, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR G.P. SMT.SMITHA SUKUMARAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE PHOTOCOPY OF FIRST INFORMATION REPORT IN CRIME NO.480/2005. P2: TRUE PHOTOCOPY OF POST-MORTEM CERTIFICATE DT.27.12.2005 ISSUED BY DR.UNMESH, SENIOR LECTURER IN FORENSIC MEDICINE, MEDICAL COLLEGE HOSPITAL, TRIVANDRUM. P3: TRUE PHOTOCOPY OF INQUEST REPORT PREPARED BY (R4) SUB INSPECTOR OF POLICE, ANCHALUMOODU POLICE STATION, KOLLAM DT.26.12.2005. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.4334 of 2006 .................................................................... Dated this the 19th day of December, 2008. JUDGMENT The W.P.(C) is filed for direction to the respondents to get fresh investigation done by the Crime Branch for the death of petitioner's son. I heard counsel appearing for the petitioner and Government Pleader for the respondents. 2. On going through the records produced by the Government Pleader, I find that the petitioner's son along with other friends went after consuming alcohol to take bath in the Ashtamudi lake. Barring petitioner's son and another two boys, remaining went for tea. Petitioner's son who did not know swimming, went out in the lake while taking bath and others cried out. Even though local people and his friends tried to save him, he disappeared into the water. In fact, it is only much after the drowning that the body was fished out from deep waters, that too, with much difficulty. During post-mortem, several aberrations were noticed on the body, which according to the Doctor and the FIR were anti-mortem injuries. Petitioner's case is that these injuries are suspicious and therefore, there may be foulplay in the death of his son. The Police questioned all his friends who were 2 along with petitioner's son just before his drowning in the lake. All the friends gave unanimous version of the incident and petitioner does not doubt any friend of his son involved in his death. I do not think there is anything to doubt in the death of petitioner's son which happened in broad day light in the presence of his own friends. Admittedly he did not know swimming and he went into deep water is evident from the fact that the dead body could not be recovered easily. Further, none of the injuries noticed on the body was fatal nor even capable of causing drowsiness or unconsciousness. Above all, cause of death is drowning. Therefore, it is a case of natural death on account of drowning which is nothing but an accident. In the circumstances, no further investigation is called for. The W.P. is accordingly closed. C.N.RAMACHANDRAN NAIR Judge pms