Kerala High Court
Kandakutty V.S vs State Of Kerala on 13 August, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
WA NO. 377 OF 2025 1 2025:KER:60934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WA NO. 377 OF 2025
CRIME NO.503/2016 OF VIDYA NAGAR POLICE STATION, KASARGOD
AGAINST THE JUDGMENT DATED 04.09.2024 IN WP(C) NO.26284 OF
2020 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER IN WP(C):
KANDAKUTTY V.S.
AGED 82 YEARS
VAZHAPPULLY HOUSE, MULLASSERY P.O., THRISSUR DISTRICT,
PIN-680 509.
BY ADVS.
SHRI. BEJOY JOSEPH P.J.
SRI.M.RAMESH CHANDER (SR.)
SHRI. GOVIND G. NAIR
SRI.BONNY BENNY
SRI.BALU TOM
RESPONDENTS/RESPONDENTS IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME, STATE
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS SUPERINTENDENT, CENTRAL BUREAU OF
INVESTIGATION, KADAVANTHRA, COCHIN-682 020.
WA NO. 377 OF 2025 2 2025:KER:60934
3 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, KASARGOD, PIN-671 121.
4 THE SECRETARY
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSION,
GOVERNMENT OF INDIA,NEW DELHI-110001
BY SENIOR GOVERNMENT PLEADER SRI.T.R.RENJITH,
DR.K.P.SATHEESAN SR., SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 377 OF 2025 3 2025:KER:60934
JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
This Writ Appeal impugns the judgment dated 04.09.2024 of the learned Single Judge in WP(C) No.26284 of 2020. The brief facts necessary for the disposal of this Writ Appeal are as follows:
2. The appellant is the father of a Judicial Officer who apparently committed suicide on 09.11.2016 at his quarters. It is not in dispute that, pursuant to the incident, a crime was registered as Crime No.503/2016 of Vidhyanagar Police Station for unnatural death. The postmortem certificate revealed that there were 25 antemortem injuries, and the opinion as to the cause of death was mentioned as "death due to hanging", despite the existence of multiple blunt force injuries sustained prior to hanging.
3. The appellant, on harbouring a suspicion that the investigation into the crime would not be conducted properly, had approached the State Government with a request to hand over the investigation to the Central Bureau of Investigation (CBI). The State Government, by a G.O dated 07.07.2017, had accorded consent to the Delhi Special Police Establishment to exercise powers to investigate into the said crime. Although the said communication was reiterated by the State Government, by Ext.P9 letter dated 11.10.2017, the Central Government refused to accord permission to the CBI to take up the investigation, stating that it is not a case of rare and exceptional nature WA NO. 377 OF 2025 4 2025:KER:60934 warranting a CBI investigation. It would appear that despite a request by the State Government to the Central Government to review their decision in the matter, nothing was heard from the Central Government towards that end.
4. The appellant, therefore, approached this Court through W.P.(C) No.10977/2017 seeking a direction for transferring the investigation to the CBI. The said Writ Petition was disposed by the judgment dated 14.02.2018, where this Court found that an investigation by the CBI was not required, and it would suffice if the investigation into the matter was conducted by the Crime Branch of the State Police. It is significant that the said judgment of this Court was not carried by the appellant in further proceedings by way of appeal or revision.
5. The investigation into the crime at the hands of the Crime Branch proceeded as directed in the judgment of this Court in the Writ Petition aforementioned. The said investigation culminated in the filing of a final report before the Sub Divisional Magistrate Court, Kasargod, on 25.03.2022, wherein the investigating agency recommended for closing the case based on its decision indicating "further action dropped". On being served with the said report of the Investigating Agency, the appellant herein amended his Writ Petition to bring on record the said report and reiterate his prayer for a transfer of investigation to the CBI.
6. The learned Single Judge, who considered the matter, found that no exceptional circumstances existed warranting investigation by WA NO. 377 OF 2025 5 2025:KER:60934 the CBI, and hence there was no merit in the Writ Petition. In particular, the learned Judge found as follows in paragraph 9 of the impugned judgment:
"The question whether despite the orders of the State Government, the Central Government can decline to permit the CBI to investigate the case, need not be considered in the instant case, since the final report has already been filed in Crime No.503/2016, which was subsequently renumbered as Crime No.347/CB/KNR&KSD/2017 of the Dy.Superintendent of Police, Crime Branch, Kasargod."
7. Before us, in this Writ appeal, it is the submission of the learned Senior counsel Sri. M.Ramesh Chander, assisted by the learned counsel Sri. Bejoy Joseph P.J., that the writ court ought to have considered the prayer of the appellant in the peculiar circumstances of this case where certain witnesses, who could be seen as acquainted with the facts and circumstances of the case, and therefore, crucial for the purposes of investigation into the matter, such as the person mentioned in the FI statement as the person who was residing with the deceased, had not been questioned by the Investigating Agency. He submits, therefore, that the final report submitted by the Investigating Agency clearly reveals a lack of proper investigation into the matter.
8. Per contra, the learned Public Prosecutor would rely on the report submitted on behalf of the Investigating Agency, which was produced by them along with a memo dated 18.07.2022 in the Writ Petition, to contend that the impugned judgment of the learned Single Judge does not call for any interference.
WA NO. 377 OF 2025 6 2025:KER:60934 On a consideration of the rival submissions, we find that inasmuch as the prayer of the appellant for an investigation by the CBI had already been rejected as early as in 2018 by the judgment dated 14.02.2018 in the Writ Petition aforementioned, and no further action was taken against the said judgment before a superior forum, there was no need to consider the said prayer at this distance of time as rightly found by the learned Single Judge in the impugned judgment. We also find that merely for the reason that the final report submitted by the Investigating Agency suffers from certain defects, as alleged by the learned counsel for the appellant, we need not consider the prayer for directing an investigation by a different investigating agency. We are of the view that the appellant can move the Magistrate concerned, pointing out any alleged defects in the final report submitted by the Investigating Agency, and seek a further investigation in the matter. Hence, while dismissing this Writ Appeal, as devoid of merit, we leave open the above remedy available to the appellant for pursuing before the Magistrate concerned.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
JOBIN SEBASTIAN JUDGE mns