Kerala High Court
Sabu V. R vs State Of Kerala on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
WP(CRL.) NO. 506 OF 2023
PETITIONER:
MR.SABU V. R
AGED 42 YEARS
S/O LATE MR. RAVI, VATTAKKULATHIL HOUSE, POOTHADI
VILLAGE, SULTHAN BATHERY TALUK, WAYANAD NOW RESIDING AT
VATTAKKULATHIL HOUSE, PATTIMATTOM P.O., KAITHAKKADU,
ERNAKULAM, PIN - 683562
BY ADVS.
DIVYA C BALAN
P.D.SUBRAMANIAN NAMPOOTHIRI
K.N.SUGATHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN - 695010
3 DISTRICT POLICE CHIEF
MADATHUMPADI, KALPETTA, WAYANAD, PIN - 673122
4 STATION HOUSE OFFICER
KENICHIRA POLICE STATION, WAYANAD, PIN - 673596
5 DEPUTY SUPERINTENDENT OF POLICE
DISTRICT CRIME BRANCH, KALPETTA, WAYANAD, PIN - 673121
BY ADV. SRI.RENJITH T.R., PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.).No.506 of 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(Crl.).No.506 of 2023
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Dated this the 08th day of September, 2023
JUDGMENT
The above W.P.(Crl.) is filed with the following
prayers:
"i) To call for the records leading to Exhibit-P1
and issue a Writ of Mandamus or any other
appropriate writ, order or direction to the
respondents 1 to 3 to entrust the investigation of
Crime No. 61/2023 Kenichira Police Station in the
matter of suspicious death of petitioner's father Ravi
to the District Crime Branch or any other specialized
agency other than local police;
ii) To issue a direction to the respondents to
take all necessary steps for an effective and proper
investigation;
iii) To issue such other further reliefs as this
Hon'ble Court may deem fit and proper in the facts
and circumstances of this case.
iv) To pass appropriate order dispensing with
W.P.(Crl.).No.506 of 2023
the translation of vernacular documents produced in
the Memorandum of Writ Petition and accepting the
same"
2. Petitioner is aggrieved by the inaction on the
part of the local police in conducting proper
investigation in Crime No.61/2023 of Kenichira Police
Station, Wayanad district which is registered in
connection with the death of the petitioner's father,
Vattakkulathil Ravi in a suspicious manner. It is the
case of the petitioner that the postmortem was
conducted and in the postmortem report it is opined
that the death was due to the head injury. It is also
the case of the petitioner that, though the police
surgeon intimated the police that the death was due to
the head injury, the police has not taken any steps to
collect scientific and proper evidence with regard to
the investigation of the cause of death of the father of
the petitioner. It is stated that the petitioner as well
W.P.(Crl.).No.506 of 2023
as the neighbors informed the police about the doubt
regarding the cause of death of the petitioner's father.
Name of some suspects were also informed to the
police by the petitioner, is the submission. It is stated
that the behavior of the suspect itself would show
that, he is the real culprit. Even though the petitioner
submitted a representation before the respondents 1
to 3 for a proper investigation, the same was not
properly done, even though the 2nd respondent
directed the 4th respondent to conduct thorough
investigation. Hence this W.P(Crl.) is filed with a
prayer to entrust investigation in Crime No.61/2023 of
Kenichira Police Station to the Crime Branch.
3. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
4. This Court considered the contentions of the
petitioner and the Public Prosecutor. Counsel for the
W.P.(Crl.).No.506 of 2023
petitioner reiterated the contentions raised in the Writ
Petition. The Public Prosecutor argued the case based
on the report submitted by the inspector of police,
Kenichira Police station. The report of the inspector of
police, Kenichira Police Station is produce with a memo
by the Public Prosecutor. It will be better to extract
the concluding portion of the above report.
"However due to the fact that the son of the
deceased has raised doubts regarding the death in the
case and it not clear how the fall that caused the
death occurred, the matter will be further investigated
and clarified in the above matter. I herewith
submitting CD-file and connected records for Kind
Perusal and necessary action."
5. From the above statement of the inspector
of police itself, it is clear that, even the inspector of
police is of the opinion that, a further investigation is
necessary. In such circumstances, I am of the
considered opinion that a senior officer under the 3 rd
W.P.(Crl.).No.506 of 2023
respondent above the rank of inspector of police
should investigate this case.
Therefore, this W.P.(Crl.) is disposed of in the
following manner:
i. The 3rd respondent will entrust the
investigation in Crime No.61/2023 of Kenichira
Police Station to a senior officer above the rank of
inspector of police, as expeditiously as possible, at
any rate, within a period of two weeks from the
date of receipt of a certified copy of this judgment.
ii. The officer concerned will conduct the
investigation in accordance with law, as
expeditiously as possible.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
W.P.(Crl.).No.506 of 2023
APPENDIX OF WP(CRL.) 506/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME
NO.61/2023 DATED 11/02/2023
EXHIBIT P2 TRUE COPY OF THE POSTMORTEM REPORT
DATED 12/02/2023
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION
DATED 15/03/2023 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
DATED 15/03/2023 SUBMITTED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
WITH COPY TO THE 3RD RESPONDENT
DISTRICT POLICE CHIEF, WAYANAD
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED
28/03/2023
RESPONDENTS EXHIBITS :NIL
//TRUE COPY// PA TO JUDGE
