Marykutty Joseph vs State Of Kerala
2021 Latest Caselaw 1325 Ker

W.P.(C) No.7253 of 2020             1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                 THE HONOURABLE MR. JUSTICE P.SOMARAJAN

    WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                          WP(C).No.7253 OF 2020(F)


PETITIONER:-

                MARYKUTTY JOSEPH,
                AGED 49 YEARS, W/o M.J.JOSE,
                MUKKUNKAL HOUSE, 1ST MILE,
                KUMILY, IDUKKI DISTRICT.

                BY ADVS.SRI.K.S.ARUNDAS
                        SRI.ABHISHEK KURIAN

RESPONDENTS:-

        1       STATE OF KERALA,
                REPRESENTED BY SECRETARY TO GOVERNMENT,
                HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695 001.

        2       SUB INSPECTOR OF POLICE,
                PEERMADE POLICE STATION, PEERMADE,
                IDUKKI, PIN-685 501.

        3       DISTRICT POLICE CHIEF,
                OFFICE OF IDUKKI DISTRICT POLICE CHIEF,
                PAINAVU, IDUKKI DISTRICT, KERALA, PIN-685 603.

        4       STATE POLICE CHIEF,
                KERALA POLICE HEAD QUARTERS, THYCAUD,
                THIRUVANANTHAPURAM, PIN-695 014.

                BY PUBLIC PROSECUTOR SRI. M.R.DHANIL




     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD         ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.7253 of 2020             2



                                 JUDGMENT

In connection with the death of one Ebin Jose, aged

26, on 25.12.2019 near Rajamudi, Peermade, his mother

came up with this petition, dissatisfied by the way in

which the investigation was conducted by the local

police. The entire CD was produced along with certain

photographs. The postmortem examination report of the

victim was also included in the CD.

2. The learned Public Prosecutor, on the other hand,

fairly submitted that the investigation is nearing

completion and they are prepared to conduct the remaining

part of the investigation through the D.Y.S.P. concerned.

Since it is a matter pertaining to the death of a young

man aged 26 by drowning, it is fit and proper to issue

such a direction. Hence there will be a direction to that

effect.

Writ petition is allowed accordingly.

Sd/-

                                               P.SOMARAJAN

DMR/-                                             JUDGE




                                 APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1                A TRUE COPY OF THE FIR IN CRIME NO.666/2019
                          OF PEERMADE POLICE STATION.

EXHIBIT P2                A TRUE COPY OF THE INQUEST REPORT DATED

26.12.2019 IN CRIME NO.666/2019.

EXHIBIT P3 A TRUE COPY OF THE POSTMORTEM CERTIFICATE DATED 26.12.2019.

EXHIBIT P4 A TRUE COLOR PHOTOGRAPH OF THE INJURY ON THE DEAD BODY.

EXHIBIT P5 A TRUE PHOTOGRAPH OF PLACE FROM WHERE THE BODY OF THE DECEASED FOUND.

EXHIBIT P6 A TRUE COPY OF THE STATEMENT OF THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF THE REPRESENTATION DATED 03.01.2020 SUBMITTED BY THE PETITIONER.

RESPONDENTS' EXHIBIT:      NIL




                                                  // TRUE COPY    //



                                                   P.A.TO JUDGE