Kerala High Court
Pramod K vs State Of Kerala on 6 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl) No.1343/2024
1
2025:KER:308
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
WP(CRL.) NO. 1343 OF 2024
CRIME NO.504/2023 OF Rajapuram Police Station, Kasargod
PETITIONER:
PRAMOD K, AGED 46 YEARS, S/O NARAYANAN, AREEKKARA
HOUSE, ERUMAKKULAM KODOTH VILLAGE, KODOTH PO,
VELLARIKKUND TALUK, KASARGOD, PIN - 671531
BY ADVS. RESHMA E.
ATHEENA ANTONY, ANJITHA SANTHOSH
RESPONDENTS/STATE & ACCUSED:
1 STATE OF KERALA, REPRESENTED BY PUBLIC
PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031
2 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE KASARAGOD, KASARAGOD
DISTRICT, PIN - 671121
3 DEPUTY SUPERINTENDENT OF POLICE
DISTRICT POLICE OFFICE KASARAGOD, KASARAGOD
DISTRICT, PIN - 671121
4 STATION HOUSE OFFICER, (CRIME NO. 504 OF 2023)
RAJAPURAM POLICE STATION, KASARGOD, PIN - 671532
5 SUB DIVISIONAL MAGISTRATE, HOSDURG, KASARAGOD
DISTRICT , KERALA, PIN - 671315
6 BINDHU, AGED NOT KNOWN, W/O MANOJ, ACHAMTHURUTHI
VILLAGE, KASARGOD DISTRICT, PIN - 671351
SREEJA V., SR.PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl) No.1343/2024
2
2025:KER:308
JUDGMENT
This writ petition has been filed seeking de novo
investigation into the death of the petitioner's brother Sri. Praveen K.
2. The brother of the petitioner was found dead by
hanging in the bed room of his house on 19.11.2023 at 9 am. The
Rajapuram Police registered Ext.P1 FIR under Section 174 of Cr.P.C.
After investigation, the police filed final report before the Sub
Divisional Magistrate Court, Hosdurg stating that further action has
been dropped. According to the petitioner, the 4 th respondent, the
investigating officer in Ext.P1 crime, did not conduct the investigation
in an effective and legal manner. It is alleged that the circumstances
show that there is a possibility that it is a homicidal hanging. It is
further alleged that the 4th respondent easily concluded that the
death of the deceased is suicide without properly investigating the
circumstantial evidence leading to the death.
3. I have heard the learned counsel for the petitioner
and also the learned Senior Public Prosecutor Smt. Sreeja.
4. Ext.P4 is the final report. Ext.P2 is the inquest
report and Ext.P3 is the postmortem certificate. The inquest report
would show that a suicide note written by the deceased was seized.
In the suicide note it is stated that nobody is responsible for the
death of the deceased. However, the name of the 6 th respondent has
2025:KER:308
been mentioned in the suicide note. The final report would show that
the police has investigated the relation between the deceased and
the 6th respondent and also the possibility of any involvement of the
6th respondent into the death of the deceased. As part of the
investigation, the police seized the mobile phone of the deceased and
collected call details of the deceased and the 6 th respondent. The
bank account details of the deceased and the 6 th respondent were
also seized and examined. It was found that the deceased had
continuously made calls to the 6 th respondent. But, the 6 th
respondent did not make any call to the deceased. It was also found
in the investigation that the 6th respondent had transferred a sum of
₹2 lakhs to the account of the deceased. The investigating officer
concluded that the 6th respondent has financially helped the
petitioner's brother and there is nothing to suggest any involvement
of the 6th respondent in the death of the brother of the petitioner.
5. The learned counsel for the petitioner invited my
attention to Ext.P3 postmortem certificate and submitted that there
is abrasion 6x1.8 cm horizontal on the right side of chest of the
deceased which suggest altercation. I cannot subscribe to the said
argument. The brother of the petitioner Sri. Prasad who was present
at the time of inquest has given reason for the said abrasion. He
stated that two days prior to the incident, the deceased has a fall in
the bath room and due to the said fall, the abrasion was caused on
his right chest.
2025:KER:308
On going through the entire records, I am satisfied that the
4th respondent has conducted a proper investigation and come to the
conclusion that it is a case of suicide. There is absolutely no material
to suggest that it is a case of homicide. I see no reason to order de
novo investigation. The writ petition fails and is accordingly
dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
2025:KER:308
APPENDIX OF WP(CRL.) 1343/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE FIR DATED 19.11.2023
IN CRIME NO. 504 OF 2023 BEFORE THE
RAJAPURAM POLICE STATION, KASARGOD
Exhibit P2 THE TRUE COPY OF THE INQUEST REPORT
SUBMITTED BY THE 4TH RESPONDENT DATED
19.11.2023
Exhibit P3 THE TRUE COPY OF THE POST MORTEM
CERTIFICATE DATED 19.11.2023 ISSUED BY
THE GOVERNMENT GENERAL HOSPITAL,
KASARGOD
Exhibit P4 THE TRUE COPY OF THE FINAL REPORT DATED
19.02.2024 SUBMITTED BY THE
INVESTIGATING OFFICER BEFORE THE
HON'BLE SUB DIVISIONAL MAGISTRATE
COURT, HOSDURG
Exhibit P5 A TRUE COPY OF THE COMPLAINT DATED
08.07.2024 SUBMITTED TO THE 2ND
RESPONDENT
Exhibit P6 THE TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT DATED 11.07.2024 OF THE
COMPLAINT
