Kerala High Court
Raveendran vs State Of Kerala on 16 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
WP(CRL.) NO. 925 OF 2023
PETITIONER:
RAVEENDRAN, AGED 55 YEARS
S/O NARAYANAN, NEDUNGATT HOUSE, THEKKAN KUTTUR
(P.O) TIRUR, MALAPPURAM, PIN - 676551
BY ADVS.
PRANOY K.KOTTARAM
SIVARAMAN P.L
ATHUL BABU
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO THE
DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEAD QUARTERS, VAZHUTHAKKAD,
THIRUVANANTHAPURAM, PIN - 695014
3 DIRECTOR GENERAL OF POLICE (CRIMES)
CRIME BRANCH CID HEAD QUARTERS, THIRUVANANTHAPURAM,
PIN - 695008
4 STATION HOUSE OFFICER, TIRUR POLICE STATION, TIRUR
RAILWAY STATION ROAD, MALAPPURAM, PIN - 676101
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
P.NARAYANAN, SENIOR G.P. AND ADDL.PUBLIC
PROSECUTOR()
OTHER PRESENT:
HRITHWICK C.S., PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P(Crl) 925/2023 2
P. V. KUNHIKRISHNAN, J.
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W.P(Crl). No.925 of 2023
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Dated this the 16th day of October, 2023
JUDGMENT
The above said Writ Petition is filed with the following prayers:
i) To issue a writ of mandamus or other
appropriate order or direction, directing the
respondents 1 and 2 to hand over the investigation of
Crime No.875/2015 of Tirur Police Station to a senior
officer of Crime Branch wing of the Kerala Police or to
a special investigation team or to the Central Bureau of
Investigation and direct to conduct a proper and time
bound investigation.
ii) To direct the Sub Divisional Magistrate
Court to monitor the investigation of the case and the
Investigating Officer may be directed to file periodical
statements regarding the progress of investigation.
iii) To pass such other reliefs that this Hon'ble
court deem fit and proper.
iv) To dispense with filing of the translation of
the vernacular documents.
2. The petitioner is the father of Jithin, aged 20, who had
gone out from his house on 30.05.2015 at around 8.30p.m. and
thereafter was found dead near railway track on 31.05.2015 in the
morning under suspicious circumstances. A crime was registered
under section 174 Cr.P.C as Crime No.875/2015 of the Tirur Police
Station. The grievance of the petitioner is that, no proper enquiry
was made on the various suspicious aspects raised by the family
members. Hence this Writ Petition.
3. A statement is filed by the Detecting Inspector, Crime
Branch Central Unit-III, Kozhikode. It will be better to extract the
relevant portion.
'8. It is true that during the enquiry on the
Petition, the Detective Inspector-1, Crime Branch
Central Unit had recorded the statements of the
petitioner and the family members of the deceased. The
Detective Inspector reached to a conclusion in the
enquiry that the death of the victim is a suicide by
jumping in front of a train considering the facts of a
break-up of a love affair that the deceased is having with
a student of CUSAT. Though the Petitioner and his wife
are raising suspicion of foul play in the death of their son
and pointing their fingers to the alleged role of Sri. Biju,
son of the elder brother of the Petitioner, neither he nor
his wife nor other relatives had a narrative that Biju had
an enmity with the deceased.
9. It is humbly submitted that the injuries are indicative
of hit of hard object on the anterior body part of the
deceased. Considering the nature of injuries inflicted
upon the deceased, the finding of jumping in front of a
train by the Detective Inspector is reasonable.
10. It is humbly submitted that Crime Branch arrived
into a conclusion that the death of the son of the
petitioner is a suicide considering the grounds and facts
unearthed in the enquiry of the petition and relying on
the records of investigation done by the local Police.
There is nothing material to prove it as otherwise as
alleged by the petitioner that there is the suspicion of
foul play in the death of his son.'
4. The petitioner, the father of the child is not satisfied with
the investigation. When a son is lost suddenly, all parents will be
suspicious about the death. I do not want to make any observation
about the same. Considering the grievance raised by the petitioner
and the contentions raised in this Writ Petition, I think a further
investigation is to be conducted by the State Crime Branch. Let the
sad father satisfy himself that, all steps are taken by him to rule out
the suspicion in the death of his son. Necessary orders shall be
passed by the 3rd respondent forthwith.
Therefore, this Writ Petition is disposed of with the following
directions:
a) The 3rd respondent shall pass necessary
orders directing the State Crime Branch to conduct
further investigation in Crime No.875/2015 of Tirur
Police Station.
b) The new investigating team will conduct
the investigation in accordance to law expeditiously.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
Sbna/
APPENDIX OF WP(CRL.) 925/2023
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE FIR IN CRIME NO. 875/2015 OF
THE TIRUR POLICE STATION DATED
31.05.2015 ALONG WITH THE FIRST
INFORMATION STATEMENT GIVEN BY BIJU
Exhibit P2 A COPY OF THE FINAL REPORT FILED BY THE
4TH RESPONDENT DATED 24.06.2015
Exhibit P3 A COPY OF THE REPRESENTATION DATED
28.11.2015 SUBMITTED TO THE
SUPERINTENDENT OF POLICE , MALAPPURAM
Exhibit P4 A COPY OF THE LETTER BY THE 1ST
RESPONDENT DATED 05.03.2019
Exhibit P5 COPY OF THE LETTER BY THE STATE PUBLIC
INFORMATION OFFICER, CRIME BRANCH DATED
26.08.2023
