Kerala High Court
S.Ajith Kumar vs The State Of Kerala on 31 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(CRL.) NO. 484 OF 2024
CRIME NO.62/2024 OF Cheemeni Police Station, Kasargod
PETITIONER:
1 S.AJITH KUMAR
AGED 55 YEARS
S/O SUKUMARAN NAIR,
THULASI BHAVAN, TC 18/18(8),
PRANAVAM, PLAVILA, THIRUMALA P.O,
THIRUVANANTHAPURAM -, PIN - 695006
2 RAJEESH KUMAR C,
AGED 48 YEARS
S/O CHANDRAN KUTTY NAIR,
MANICKATHU HOUSE, MALLIKASSERY P.O,
POOVARANY, KOTTAYAM -, PIN - 686577
BY ADVS.
SUJA PADNABAN PILLAI
G.RAJAN POTAYIL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY HOME SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-, PIN - 695001
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM -, PIN - 695014
3 THE STATION HOUSE OFFICER
CHEEMENI POLICE STATION, CHEEMENI,
CHERUVATHUR, KASARGODE,
KERALA -, PIN - 671313
4 RAJU P NAIR
PULINGAT HOUSE, PALOTH JN,
KAIYOOR P.O, KAIYOOR VILLAGE,
KASARGODE -, PIN - 671313
WP(CRL.) NO. 484 OF 2024
2
5 NISHAMOL C
AGED 49 YEARS
DY. COMMANDANT, CRPF, RTC,
PERINGOME, KANNUR -, PIN - 670370
6 RADHAKRISHNAN P
PALOTH HOUSE, KAIYOOR P.O,
KAIYOOR VILLAGE,
KASARGODE -, PIN - 671313
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 484 OF 2024
3
JUDGMENT
Dated this the 31st day of May, 2024
This Writ Petition (criminal) has been filed under Article
226 of the Constitution of India and the prayers are as under:
(i) To issue a writ or order in the nature of
mandamus or appropriate writ, direction or
order directing teh 1st respondent to form a
team of police officers headed by an officer not
below the rank of IPS and to submit the report
within a time frame that may be fixed by this
Hon'ble Court.
(ii) In the alternative to issue a writ or order in the
nature of Mandamus or appropriate writ,
direction or order directing the 1st respondent to
hand over the investigation to the CBI on the
death of the child for a fair and proper
investigation.
(iii) To dispense with English translation of the
documents in Malayalam language
(iv) To grant such other reliefs, as deemed fit to be
granted by this Hon'ble Court in the interest of
justice and considering the facts and
circumstances of the above case."
2. Heard the learned counsel for the petitioners and
learned Public Prosecutor. Perused the case diary as such
placed by the learned Public Prosecutor.
WP(CRL.) NO. 484 OF 2024
3. In this case, in between 1 hour and 13 hours on
08.02.2024, the son of the 1st petitioner and the 5th
respondent found dead and initially FIR registered under
Section 174 of Cr.PC for unnatural death. Now also the
Police is of opinion that the same is a clear case of suicide.
4. The learned counsel for the petitioners would
submit that the child victim was a healthy able-bodied,
brilliant student and there is no possibility of committing
suicide by the child and therefore, how the child died is a
matter of serious investigation and at present the petitioners,
who are the father and the maternal uncle, are dissatisfied by
the manner in which the case being dealt by the Police.
Therefore, investigation by a higher official is the minimum
prayer that has been pressed into.
5. The learned Public Prosecutor, based on the
reports placed along with the case diary, would submit that
so far materials would substantiate suicide and the victim
was a boy with tendency to commit suicide and he attempted
WP(CRL.) NO. 484 OF 2024
to commit suicide seven times before the last one. However,
the police is ready to address the grievance of the
petitioners.
6. In this matter, the 1st petitioner is none other than
the father and the allegation of the father is that the child did
not commit suicide and the cause of death is something
different for which investigation is necessary.
7. Going by the case diary, now the case seen
handled by the Circle Inspector of Police, Cheemeni,
Kasargod. In order to find out the truth of the allegations that
has been levelled in this writ petition, it is necessary in the
interest of justice, to direct an investigation and it is found by
this Court that entrusting the matter for investigation
regarding the allegations raised in this writ petition to the
Deputy Superintendent of Police, Kasargod, would suffice to
address the grievance of the petitioners.
Therefore, this writ petition stands disposed of directing
the Deputy Superintendent of Police, Kasargod to conduct a
WP(CRL.) NO. 484 OF 2024
detailed investigation in crime No.68/2024 of Cheemeni
Police Station and to file report within a period of three
months from the date of receipt/production of a copy of this
judgment.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
WP(CRL.) NO. 484 OF 2024
APPENDIX OF WP(CRL.) 484/2024
PETITIONER EXHIBITS
Exhibit -P1 TRUE COPY OF THE F.I.R NO.62/2024
DATED 08.02.2024
Exhibit -P2 TRUE COPY OF THE JUDGMENT DATED
23.12.2015 IN OP (HMA) NO.917/2015,
FAMILY COURT, THIRUVANANTHAPURAM
Exhibit -P3 TRUE COPY OF THE POST MORTEM REPORT
DATED 09.02.2024 ISSUED BY THE
GOVERNMENT MEDICAL COLLEGE, KANNUR
Exhibit -P4 TRUE COPY OF THE COMPLAINT DATED
09.02.2024 SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 3RD RESPONDENT
Exhibit -P5 TRUE COPY OF THE REQUEST DATED
27.02.2024 SEEKING INFORMATION UNDER
RTI ACT A/W TYPED COPY
Exhibit -P6 TRUE COPY OF THE REPLY UNDER RTI ACT
NO. 05/E5/RTI/2024 DATED 23.04.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit -P7 TRUE COPY OF THE PETITION DATED
10.04.2024 SUBMITTED TO THE 2ND
RESPONDENT
