Kerala High Court
Kandakutty V.S vs State Of Kerala on 13 August, 2025
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
WA NO. 377 OF 2025 1 2025:KER:60934
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE JOBIN SEBASTIAN
WEDNESDAY, THE 13TH DAY OF AUGUST 2025 / 22ND SRAVANA, 1947
WA NO. 377 OF 2025
CRIME NO.503/2016 OF VIDYA NAGAR POLICE STATION, KASARGOD
AGAINST THE JUDGMENT DATED 04.09.2024 IN WP(C) NO.26284 OF
2020 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER IN WP(C):
KANDAKUTTY V.S.
AGED 82 YEARS
VAZHAPPULLY HOUSE, MULLASSERY P.O., THRISSUR DISTRICT,
PIN-680 509.
BY ADVS.
SHRI. BEJOY JOSEPH P.J.
SRI.M.RAMESH CHANDER (SR.)
SHRI. GOVIND G. NAIR
SRI.BONNY BENNY
SRI.BALU TOM
RESPONDENTS/RESPONDENTS IN WP(C):
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, MINISTRY OF HOME, STATE
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS SUPERINTENDENT, CENTRAL BUREAU OF
INVESTIGATION, KADAVANTHRA, COCHIN-682 020.
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3 THE DEPUTY SUPERINTENDENT OF POLICE
CRIME BRANCH, KASARGOD, PIN-671 121.
4 THE SECRETARY
MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSION,
GOVERNMENT OF INDIA,NEW DELHI-110001
BY SENIOR GOVERNMENT PLEADER SRI.T.R.RENJITH,
DR.K.P.SATHEESAN SR., SC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.08.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dr. A.K.Jayasankaran Nambiar, J.
This Writ Appeal impugns the judgment dated 04.09.2024 of the
learned Single Judge in WP(C) No.26284 of 2020. The brief facts
necessary for the disposal of this Writ Appeal are as follows:
2. The appellant is the father of a Judicial Officer who
apparently committed suicide on 09.11.2016 at his quarters. It is not in
dispute that, pursuant to the incident, a crime was registered as Crime
No.503/2016 of Vidhyanagar Police Station for unnatural death. The
postmortem certificate revealed that there were 25 antemortem injuries,
and the opinion as to the cause of death was mentioned as "death due to
hanging", despite the existence of multiple blunt force injuries sustained
prior to hanging.
3. The appellant, on harbouring a suspicion that the
investigation into the crime would not be conducted properly, had
approached the State Government with a request to hand over the
investigation to the Central Bureau of Investigation (CBI). The State
Government, by a G.O dated 07.07.2017, had accorded consent to the
Delhi Special Police Establishment to exercise powers to investigate into
the said crime. Although the said communication was reiterated by the
State Government, by Ext.P9 letter dated 11.10.2017, the Central
Government refused to accord permission to the CBI to take up the
investigation, stating that it is not a case of rare and exceptional nature
WA NO. 377 OF 2025 4 2025:KER:60934
warranting a CBI investigation. It would appear that despite a request by
the State Government to the Central Government to review their decision
in the matter, nothing was heard from the Central Government towards
that end.
4. The appellant, therefore, approached this Court through
W.P.(C) No.10977/2017 seeking a direction for transferring the
investigation to the CBI. The said Writ Petition was disposed by the
judgment dated 14.02.2018, where this Court found that an investigation
by the CBI was not required, and it would suffice if the investigation into
the matter was conducted by the Crime Branch of the State Police. It is
significant that the said judgment of this Court was not carried by the
appellant in further proceedings by way of appeal or revision.
5. The investigation into the crime at the hands of the Crime
Branch proceeded as directed in the judgment of this Court in the Writ
Petition aforementioned. The said investigation culminated in the filing of
a final report before the Sub Divisional Magistrate Court, Kasargod, on
25.03.2022, wherein the investigating agency recommended for closing
the case based on its decision indicating "further action dropped". On
being served with the said report of the Investigating Agency, the
appellant herein amended his Writ Petition to bring on record the said
report and reiterate his prayer for a transfer of investigation to the CBI.
6. The learned Single Judge, who considered the matter, found
that no exceptional circumstances existed warranting investigation by
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the CBI, and hence there was no merit in the Writ Petition. In particular,
the learned Judge found as follows in paragraph 9 of the impugned
judgment:
"The question whether despite the orders of the
State Government, the Central Government can decline
to permit the CBI to investigate the case, need not be
considered in the instant case, since the final report has
already been filed in Crime No.503/2016, which was
subsequently renumbered as Crime
No.347/CB/KNR&KSD/2017 of the Dy.Superintendent of
Police, Crime Branch, Kasargod."
7. Before us, in this Writ appeal, it is the submission of the
learned Senior counsel Sri. M.Ramesh Chander, assisted by the learned
counsel Sri. Bejoy Joseph P.J., that the writ court ought to have
considered the prayer of the appellant in the peculiar circumstances of
this case where certain witnesses, who could be seen as acquainted with
the facts and circumstances of the case, and therefore, crucial for the
purposes of investigation into the matter, such as the person mentioned
in the FI statement as the person who was residing with the deceased,
had not been questioned by the Investigating Agency. He submits,
therefore, that the final report submitted by the Investigating Agency
clearly reveals a lack of proper investigation into the matter.
8. Per contra, the learned Public Prosecutor would rely on the
report submitted on behalf of the Investigating Agency, which was
produced by them along with a memo dated 18.07.2022 in the Writ
Petition, to contend that the impugned judgment of the learned Single
Judge does not call for any interference.
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On a consideration of the rival submissions, we find that
inasmuch as the prayer of the appellant for an investigation by the CBI
had already been rejected as early as in 2018 by the judgment dated
14.02.2018 in the Writ Petition aforementioned, and no further action
was taken against the said judgment before a superior forum, there was
no need to consider the said prayer at this distance of time as rightly
found by the learned Single Judge in the impugned judgment. We also
find that merely for the reason that the final report submitted by the
Investigating Agency suffers from certain defects, as alleged by the
learned counsel for the appellant, we need not consider the prayer for
directing an investigation by a different investigating agency. We are of
the view that the appellant can move the Magistrate concerned,
pointing out any alleged defects in the final report submitted by the
Investigating Agency, and seek a further investigation in the matter.
Hence, while dismissing this Writ Appeal, as devoid of merit, we leave
open the above remedy available to the appellant for pursuing before
the Magistrate concerned.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
JOBIN SEBASTIAN
JUDGE
mns
