Kerala High Court
T.L.Mohan vs State Of Kerala on 24 October, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:79461
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
WP(C) NO. 19214 OF 2013
PETITIONERS:
1 T.L.MOHAN
THEKKEATTATHU VEEDU,
NEAR KANDANCHIRA CHURCH,
ST.THOMAS NAGAR, MANGAD.P.O.,
KOLLAM-691 015.
2 SANDEEP MOHAN
S/O.T.L.MOHAN,
THEKKEATTATHU VEEDU,
NEAR KANDANCHIRA CHURCH,
ST.THOMAS NAGAR, MANGAD.P.O.,
KOLLAM-691 015.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR GENERAL OF POLICE
(STATE POLICE CHIEF) KERALA,
THIRUVANANTHAPURAM. 695 001.
3 DISTRICT POLICE CHIEF
PALAKKAD.
4 THE STATION HOUSE OFFICER
MALAMPUZHA.
5 CENTRAL BUREAU OF INVESTIGATION
NEW DELHI, REPRESENTED BY ITS DIRECTOR,
PLOT NO.5B, CGO COMPLEX, LODHI ROAD,
NEW DELHI-110 003.
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W.P.(C) No.19214 OF 2013
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BY ADVS.
SREELAL WARRIAR
NOUSHAD K. A.
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.19214 OF 2013
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BECHU KURIAN THOMAS, J.
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W.P.(C) No.19214 OF 2013
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Dated this the 24th day of October, 2024
JUDGMENT
Petitioners seeks for a direction to the CBI to take up the
investigation into the death of the first petitioner's son Sri. Sreekanth
Mohan who died on 30.11.2012. Relief is also sought for a direction to
have an investigation into the death at least by an independent agency
or a special investigation team.
2. According to the petitioners, deceased was found missing on
30.11.2012, and his dead body was recovered three days later in a water
body. Petitioners allege that after the body was brought ashore, during
the inquest, several injuries were noted, which created doubts in their
minds about the manner in which the death occurred. They allege that
the features on the dead body of the deceased and the injuries
identified, created apprehension that it could be a case of homicide.
Petitioners point fingers at certain officers of the estate where the
deceased was working. Despite the aforesaid apprehensions being
intimated to the Police, no serious investigation was conducted, and
therefore, this writ petition was filed.
3. Four statement of facts were filed by the investigating officer
on 30.08.2013, 20.03.2014, 07.08.2015 and again on 18.10.2024. It is
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W.P.(C) No.19214 OF 2013
mentioned in the aforesaid statements that the deceased Sri. Sreekanth
had fallen at a place called 'Anapettakundu' which is a deep abyss, and
several persons have died in that spot. Later, after the body was
recovered, a postmortem was conducted, which clearly indicated that
the death was due to drowning. The statement also mentioned that
pursuant to the request of the investigating officer, the bone marrow of
the deceased was preserved and the diatom test was conducted with the
water sample taken from the place of death. It was also stated that the
bone marrow sample and the water sample tallied with each other and
the diatoms were found to be identical. On the above basis, a final
report was filed as early as on 03.04.2013 'dropping all further action'.
4. I have heard Sri. Kaleeswaram Raj, the learned counsel for the
petitioners and Sri. Noushad.K.A., the learned Government Pleader.
5. The writ petition was filed in 2013 seeking investigation by the
CBI or other specialised agency. In the recent decision in Vishal Tiwari
v. Union of India and Others [(2024) 4 SCC 115] Supreme Court has
observed that normally the investigation is to be done by the regular
agency and unless exceptional circumstances exist, investigation by the
Central Bureau of Investigation ought not to be directed. Though the
learned counsel for the petitioners relied upon the decision in George
Muthoot M.G v. State of Kerala and Others [2010 (1) KLT 399] and
in Bharati Tamang vs. Union of India and Others [(2013) 15 SCC
578], I am of the view that in view of the decision in Vishal Tiwari's
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case (supra), no such exceptional circumstances have been pointed out
by the petitioner warranting an investigation by the CBI.
6. Apart from the above, the detailed investigation conducted by
the local Police has revealed that the death was due to the fall of the
deceased into an abyss. The diatom test clearly indicated that the water
sample tallied with the bone marrow sample, and therefore, no
suspicious circumstances came to be identified from the investigation.
Petitioner also has not been able to satisfy this Court about the
existence of any flaws or defects in the investigation.
7. The son of the first petitioner - Sri. Sreekanth, died in 2013. At
this distance of time, in the absence of any exceptional circumstances or
any visible incongruity in the investigation conducted, I am of the view
that a further investigation by an independent agency is not warranted.
Accordingly, I find no merit in this writ petition, and it is dismissed.
Sd/-
BECHU KURIAN THOMAS
JUDGE
jka/24.10.24.
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W.P.(C) No.19214 OF 2013
APPENDIX OF WP(C) 19214/2013
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE FIR DATED 1.12.2012.
EXHIBIT-P2 TRUE COPY OF THE INQUEST REPORT DATED
31.12.2012.
EXHIBIT-P3 TRUE COPY OF THE POST-MORTEM REPORT.
EXHIBIT-P4 TRUE COPY OF THE REPRESENTATION DATED
9.12.2012 SUBMITTED BY THE IST
PETITIONER BEFORE THE HON'BLE CHIEF
MINISTER OF KERALA.
