Kerala High Court
Ribi vs State Of Kerala on 23 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
WP(CRL.) NO. 260 OF 2023
CRIME NO.5 OF 2023 OF KALIYAR POLICE STATION
PETITIONERS:
1 RIBI
AGED 20 YEARS, W/O. CHRISTY ELDHOSE,
KARIKKATTUKUZHIYIL,
VANNAPPURAM, MULARINGAD P.O,
IDUKKI, PIN - 685607
2 LEELA.C
AGED 54 YEARS, W/O. ELDHOSE,
KARIKKATTUKUZIYIL,
VANNAPPURAM, MULARINGAD P.O,
IDUKKI, PIN - 685607
BY ADVS.
SRI.K.S.MADHUSOODANAN
SRI.P.K.RAKESH KUMAR
SRI.K.S.MIZVER
SRI.M.J.KIRANKUMAR
SRI.M.M.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY,
HOME DEPARTMENT, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR GENERAL OF POLICE
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695004
3 DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH,
IDUKKI, PIN - 685505
W.P.(Crl.) No.260/23 -:2:-
4 STATION HOUSE OFFICER,
KALIYAR POLICE STATION,
KALIYAR, VANNAPPURAM ,
THODUPUZHA, PIN - 685582
5 DIRECTOR
CENTRAL BUREAU OF INVESTIGATION,
NEW DELHI, PIN - 110003
BY ADVS.
BY SRI.SREELAL WARRIAR
K.P.SATHEESAN (SR.)
BY SRI.C.N PRABHAKARAN, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.08.2023, THE COURT ON 23.08.2023 DELIVERED
THE FOLLOWING:
W.P.(Crl.) No.260/23 -:3:-
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(Crl.) No.260 of 2023
---------------------------------
Dated this the 23rd day of August, 2023
JUDGMENT
The writ petition has been filed seeking inter alia a direction
to entrust investigation of Crime No.5 of 2023 of Kaliyar Police
Station to the Central Bureau of Investigation.
2. Christy Eldhose was the husband of the first petitioner
and the son of the second petitioner. In the early hours of the
New Year's Day of 2023, Christy Eldhose was found lying under
Urumbuthodu bridge at a place called Vellellu near Kaliyar,
Idukki. He was immediately taken to a hospital at
Kothamangalam from where he was referred to the Medical
College Hospital, Kalamassery Ernakulam. On the next day, he
was referred to the Medical College Hospital, Kottayam. On
15.01.2023, while undergoing treatment the injured died. The
post-mortem report noticed 14 antemortem injuries and opined
that death was due to the injuries sustained by him on the chest
and pelvis.
3. Petitioners alleged several suspicious circumstances that
surround the death of Christy Eldhose and also named few
suspects. Petitioners also allege that they came across a video
indicating an attack on the deceased by certain known persons.
It is also alleged that the second petitioner had even complained
to the second respondent about a crucial instance of the
deceased's mobile phone being used by someone, till the
evening of 01.01.2023, which was thereafter switched off and
again switched on at 10.36 am on 22.01.2023.
4. Despite the above mentioned suspicious instances,
petitioners contend that the investigation has not properly
probed into those circumstances and instead proceeded in a
wrong tangent and was about to submit a report closing the
case. Petitioners have approached this Court seeking a direction
to compel the CBI to investigate into the matter due to the
above mentioned reasons.
5. A statement has been filed by the Investigating Officer
pointing out that on 02.01.2023, while the deceased was being
treated at the Kalamassery Medical College Hospital, they
attempted to record his statement. Since the deceased started
speaking discordantly and became unconscious soon, the
statement could not be recorded. It is pleaded that thereafter,
the scientific expert visited the scene of occurrence and a
mahazar was prepared and samples were also collected from the
alleged place of occurrence. The suspects were questioned and
it was revealed that they were not involved in the crime. It is
also mentioned that while the deceased was under treatment, he
had apparently told one Dr.Manju, who treated the deceased at
the Kalamassery Medical College Hospital, that there was no stab
injury and that nobody had stabbed him as he had fallen by
himself. The Investigating Officer further stated that from the
nature of injuries seen on the body of the deceased, it was
opined that the deceased could have fell down from a height and
further while preparing the scene mahazar, he noticed indications
of a human falling from the bridge. It is stated that a group of
doctors performed the autopsy and that few of the doctors had
even inspected the scene of crime. The investigation conducted
so far thus revealed that the deceased was drunk and he lost
consciousness and thereafter slipped from the handrail of the
Urumbuthodu bridge and fell down by hitting his left side on the
rocks sustaining grievous injuries on the chest and pelvis area.
6. I have heard Sri.K.S.Madhusoodanan, the learned
counsel for the petitioners as well as Sri.C.N.Prabhakaran, the
learned Public Prosecutor for respondents 1 to 4 as well as
Sri.Sreelal Warrier, the learned Standing Counsel for the 5 th
respondent CBI.
7. The postmortem report has been produced as Ext.P4 in
the writ petition. It reveals the following antemortem injuries.
"B. INJURIES (ANTE MORTEM):
1. Contusion 24x18 cm bone deep, on left side and back of trunk at the
level of top of hip bones and 5 cm outer to midline on the back.
2. Infected sutured lacerated wound 5.5x0.2 cm, bone deep, oblique,
on left side of abdomen, its lower inner end 9 cm outer to midline
and 7 cm below the level of top of hip bones.
Underneath, left iliac bone showed comminuted fracture.
Underlying muscles contused and swollen with infiltration of blood.
Abdominal cavity contained 1.5 litres of reddish purulent fluid.
Peritoneal surface was dull, lusterless with foci of haemorrhages.
Intestinal loops thinned out and distended sticking to each other
with adherent pus layered on surface.
3. Infected punctured lacerated wound 2.5x0.3x3.5 cm on left side of
trunk, 18 cm outer to midline and 5 cm below the level of top of hip
bones. The wound was directed downwards, forwards and in wards;
terminated at the iliac bone.
4. Fracture of ribs 4th to 9th of left side of their outer back aspects. Chest
cavities contained 500 ml purulent fluid on either side. Lungs (right
474gm, left 607gm) showed patchy consolidation diffusely, left lung
dark red, firm and heavy with haemorrhagic patches on surface at
places.
5. Infected lacerated wound 2.5x2 cm bone deep on back of left forearm
2 cm below elbow.
6. Infected lacerated wound 2x0.5x0.2 cm on back of left elbow.
7. Contusion 7x5 cm muscle deep on inner aspect of left forearm, wrist
and hand. Fracture of base of 2nd, 3rd and 4th metacarpal bones
present.
8. Healing graze abrasion 8x2 cm on front of left forearm, 2 cm above
wrist, graze directed upwards.
9. Healing wound 1x0.4x0.2 cm on outer aspect of left leg 21 cm above
ankle.
10. Healing wound 4x25 cm an outer aspect of left thigh 22
cm above knee.
11. Healing wound 1x0.5 cm on top of left foot 6.5 cm above
top of big toe.
12. Healing wound 0.6x0.2 cm, 3.5 cm below previous injury.
13. Infected lacerated wound 4.5x3.5 cm on back of right
forearm 3 cm below elbow.
14. Multiple healing wounds over an area 13x7 cm on back of
right elbow and adjoining part of forearm.
Healing wounds were hypopigmented in nature. Contusions
were brownish in colour
OPINION AS TO CAUSE OF DEATH:
Death was due to injuries sustained to chest and pelvis."
8. The injuries noted as above are substantial. Coupled
with the above, Ext.P11 discharge/reference card of the
Government Medical College, Ernakulam issued on 02.01.2023
i.e. the day after the incident, refers to a stab wound of 1x1x7
cm. The nature and manner in which the stab injury has been
inflicted or was found on the body of the deceased when he was
referred to the Medical College Hospital, Kottayam from the
Medical College Hospital, Ernakulam has not been probed at all
by the Investigating Officer.
9. Though attempts were made by the learned Public
Prosecutor to explain the possible manner in which the said
injury could have occurred, by referring to a pointed stone
piercing the chest, the statement filed in court has not referred
to any such possible pointed stone present under the bridge.
The investigation conducted has also not considered the
significance of an alleged scuffle that occurred between the
deceased and two other persons in the early morning of the Near
Year, before he was found dead. These omissions create doubts
on the manner in which the investigation was conducted.
10. Since after hearing the arguments of the learned
counsel for the petitioners as well as the learned Public
Prosecutor, this Court entertained certain doubts on the manner
in which the investigation was conducted, the case diary was
called for and was meticulously perused. Despite detailed
investigation conducted by the Investigating Officer, several
discrepancies and inconsistencies remain. Though an attempt
was made by the learned Public Prosecutor to explain that every
suspicious circumstance has been probed into, after perusing the
case diary, I am of the view that doubts about the cause of
death still persists.
11. Factors like a witness noticing a man on the road
covered with a cloth and later missing that body, the scuffle in
the early hours of the New Year between the deceased and his
friends, the stab injury noticed by the doctor at the Medical
College Hospital at Ernakulam, mentioned in the referral report
dated 02.01.2023 are all circumstances that have not been
investigated in detail.
12. Considering the aforementioned features arising in the
case, I am of the view that an investigation is required to be
conducted by another agency so that the probe can be directed
to other angles as well.
13. The investigation by CBI is to be resorted to only in
exceptional circumstances. No such exceptional circumstances
arise in the case warranting an investigation by the CBI.
However this is a fit case for the District Crime Branch to
investigate.
14. Therefore, I direct the District Police Chief, Idukki to
issue appropriate orders transferring the investigation of Crime
No.5 of 2023 of Kaliyar Police Station to the District Crime
Branch, Idukki immediately. Orders as directed above shall be
issued within 15 days from the date of receipt of a copy of this
judgment.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
vps
APPENDIX
PETITIONER'S/S' EXHIBITS
EXHIBIT P1 PHOTOCOPY OF FIRST INFORMATION STATEMENT
OF 1ST PETITIONER GIVEN TO KALIYAR
POLICE DATED 02-01-2023.
EXHIBIT P2 PHOTOCOPY OF THE FIRST INFORMATION
REPORT DATED 02-01-2023 IN CRIME
NO.5/2023 REGISTERED AT KALIYAR POLICE
STATION.
EXHIBIT P3 PHOTOCOPY OF THE SCENE MAHAZAR PREPARED
ON 04-01-2023 BY STATION HOUSE OFFICER,
KALIYAR POLICE STATION
EXHIBIT P4 PHOTOCOPY OF THE POST MORTEM CERTIFICATE
BEARING P.M. NO.105/2023 DATED
16-01-2023 HELD AT MEDICAL COLLEGE,
KOTTAYAM.
EXHIBIT P5 PHOTOCOPY OF THE REPORT PUBLISHED IN
MALAYALA MANORAMA DAILY DATED 17-01-2023
EXHIBIT P6 PHOTOCOPY OF EMAIL COMPLAINT OF 2ND
PETITIONER TO THE 2ND RESPONDENT DATED
22-01-2023
EXHIBIT P7 PHOTOCOPY OF THE COMPLAINT OF 2ND
PETITIONER TO DY.S.P., THODUPUZHA DATED
22-01-2023.
EXHIBIT P8 PHOTOCOPY OF THE REPLY OF 3RD RESPONDENT
DATED 12-02-2023 TO THE 2ND PETITIONER
EXHIBIT P9 PHOTOCOPY OF THE REPORT DATED 12-12-2022
GOT UNDER RIGHT TO INFORMATION ACT FROM
THE OFFICE OF ADDL. DISTRICT POLICE
OFFICER, IDUKKI BY THE 2ND PETITIONER
EXHIBIT P10 COPY OF THE VIDEO CLIP COPIED IN THE
C.D. IN A SEALED COVER
EXHIBIT P11 PHOTOCOPY OF THE RELEVANT PAGES OF
MEDICAL RECORD DATED 01-01-2023
EXHIBIT P12 PHOTOCOPY OF THE DISCHARGE/REFERENCE
CARD BEARING NO.47490 DATED 02-01-2023
