IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 22341 of 2009(Q) -------------------------- PETITIONER(S): --------------- JABARULLA INJIKALAM, INJIKKULAM HOUSE, ETTUMANOOR P.O., KOTTAYAM DISTRICT. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHATHUKKADU P.O., THIRUVANANTHAPURAM. 3. SUPERINTENDENT OF POLICE, KOTTAYAM. 4. C I OF POLICE, CHANGANACHERRY. 5. S I OF POLICE, CHINGAVANAM, KOTTAYAM DISTRICT. DIRECTOR GENERAL OF PROSECTUION SRI.V.G.GOVINDAN NAIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.P.(C) No.22341 of 2009 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is a public spirited citizen. This Writ Petition is filed by him, seeking an effective and impartial investigation into Crime No.494/08 of Chingavanam Police Station, registered for unnatural death. V.V.Augustine, a retired Additional Sub Inspector of Police, committed suicide. Based on that incident, the above crime is registered. According to the petitioner, the said Augustine was driven to commit suicide, because of the harassment by the Investigating Officers, in Sr.Abhaya case. Presently, the investigation is taken over by the Circle Inspector of Police, Changanacherry. Since the persons to be questioned are officers, in the ranks of Superintendent of Police, Deputy Superintendent of Police etc. of the Central Bureau of Investigation, a Circle Inspector may not be able to conduct the investigation properly, it is submitted. So, the petitioner prays, an officer, at least in the rank of Inspector General of Police, may be directed to take over the investigation. Claiming this relief, the writ petition is filed. 2. The 4th respondent has filed a statement, stating that the investigation is being conducted properly and from the autopsy WP(C) NO.22341/09 2 certificate, it is revealed that the death of Augustine was due to Carbofuran/Furudan poisoning and it was a case of suicide. In the suicide note found on the dead body, the deceased has accused the C.B.I. for his death. 3. We heard the learned counsel for the writ petitioner and also the learned Director General of Prosecution, for the State. The learned Director General of Prosecution, fairly submitted that having regard to the status of the persons allegedly involved, the investigation can be conducted only by a Senior Officer and the State has no objection in the matter being enquired into by a Senior Officer, in the rank of Inspector General, in the Police Department. In view of the fair submission of the learned Director General of Prosecution, we direct the second respondent to authorise an officer in the rank of Inspector General of Police, to take over and complete the investigation in Crime No.494/08 of Chingavanam Police Station. The writ petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.P.(C) No.22341 of 2009 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.