Kerala High Court
Jeneev Job Neyyar Also Known As Jeneev ... vs State Of Kerala on 16 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl) No.1240/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 16TH DAY OF JANUARY 2025 / 26TH POUSHA,
1946
WP(CRL.) NO. 1240 OF 2024
PETITIONER:
JENEEV JOB NEYYAR ALSO KNOWN AS JENEEV NEYYAN,
AGED 56 YEARS, S/O. LATE N.V. JOB, NEYYAN
HOUSE, C.R. IYYUNNI ROAD, MYLIPADAM, THRISSUR,
(INDIAN PASSPORT NO.W5355336); NOW RESIDING AT
UNIT 3/77, DART BROOK ROAD, AUBURN 2144, NEW
SOUTH WALES, AUSTRALIA., PIN - 680020
BY ADVS.P.MARTIN JOSE
ABU MATHEW, P.PRIJITH
THOMAS P.KURUVILLA, M.A.MOHAMMED SIRAJ
ANNA LINDA EDEN, SACHIN JACOB AMBAT
AJAY BEN JOSE, MANJUNATH MENON
HARIKRISHNAN S.
SRI. S. SREEKUMAR, SR.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-, PIN - 695001
2 THE DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS,THIRUVANANTHAPURAM
DISTRICT, PIN-, PIN - 695010
3 THE ADDITIONAL DIRECTOR GENERAL OF POLICE
(CRIMES),POLICE HEADQUARTERS,
THIRUVANANTHAPURAM,, PIN - 695010
4 THE CITY POLICE COMMISSIONER THRISSUR,
OFFICE OF THE COMMISSIONER OF POLICE, PATTALAM
W.P.(Crl) No.1240/2024
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ROAD, IN FRONT OF TOWN EAST POLICE STATION,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR, THRISSUR
DISTRICT,, PIN - 680001
5 THE STATION HOUSE OFFICER,
EAST POLICE STATION, SAKTHAN THAMPURAN NAGAR,
VELIYANNUR, THRISSUR DISTRICT,, PIN - 680001
6 SEENA, AGED 41 YEARS
D/O. JOSE, KANJIRATHINGAL HOUSE, VALARKAVU,
OLLUR VILLAGE, THRISSUR DISTRICT,, PIN -
680306
*ADDL.R7 OMANA
. AGED 68 YEARS
W/O. JOSE, KANJIRATHINGAL HOUSE, VALARKAVU,
OLLUR VILLAGE, THRISSUR DISTRICT, PIN- 680 306
*ADDL.R7.IMPLEADED VIDE ORDER DATED 22/11/2024
IN IA 1/24 in WPCRL 1240/24
BY ADVS.P.NARAYANAN, SENIOR G.P.
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 16.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(Crl) No.1240/2024
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JUDGMENT
The petitioner's brother and mother namely Paul
Jeevan Job and A.P. Mary expired on 19.5.2023 and
13.08.2023 respectively allegedly on suspicious
circumstances. The 6th respondent is the wife of Paul Jeevan
Job and the additional 7th respondent is the mother of the 6th
respondent. According to the petitioner, he reasonably
apprehends that this is a case of homicide at the hands of
the respondents 6 and 7. The petitioner submitted Ext.P3
complaint before the 4th respondent to conduct proper
enquiry into the alleged unnatural death of Paul Jeevan Job
and A.P. Mary. Since no action was taken, the petitioner
gave Ext.P6 representation to the 2 nd respondent. Another
representation as Ext.P8 was also given to the 4th
respondent. According to the petitioner, no action has been
taken on his complaint or representation. It is in these
circumstances, he has approached this Court to give a
direction to the respondents 2, 4 and 5 to hand over the
complaints and all records to the Crime Branch to conduct
proper investigation.
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2. The 5 th
respondent has filed a statement.
In the said statement, it is stated that a detailed enquiry
was conducted into the death of Paul Jeevan Job and A.P.
Mary and it was found that the deaths were natural. Hence,
no further action has been taken.
3. I have heard Sri. S. Sreekumar, the
learned counsel for the petitioner and Sri. P. Narayanan, the
learned Senior Public Prosecutor.
4. A perusal of the statement submitted by
the 5th respondent would show that respondents 6 and 7
were questioned. The doctors who treated the deceased
were also questioned and medical records were perused.
The sister of the petitioner and deceased were also
questioned. However, apart from the questioning of close
relatives and the doctors mentioned above and perusal of
the medical records, no further enquiry is seen conducted
and no independent persons were questioned.
Considering all these aspects, I am of the view that
Ext.P8 representation given by the petitioner before the
Commissioner of Police requires detailed enquiry. Hence,
this writ petition is disposed of with a direction to the
Jurisdictional Dy.S.P to conduct a thorough enquiry on
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Ext.P8 representation. Needless to say, on such enquiry, if
the commission of cognizable offence is disclosed, the
Dy.S.P shall register a crime and proceed in accordance with
law.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
kp
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APPENDIX OF WP(CRL.) 1240/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT DATED 21-04-2017 PASSED
IN CRL.M.C.NO.2572 OF 2017
Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 02-
06-2023 FILED BY THE PETITIONER
BEFORE THE SUB DIVISIONAL MAGISTRATE,
THRISSUR
Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 14-
08-2024 SUBMITTED BY THE PETITIONER
BEFORE THE CITY POLICE COMMISSIONER
Exhibit P4 TRUE COPY OF THE SETTLEMENT DEED
NO.612 OF 2023 DATED 25-02-2023 OF
THRISSUR SRO EXECUTED BY SMT. A. P.
MARY IN FAVOUR OF PAUL JEEVAN JOB
Exhibit P5 TRUE COPY OF THE PLAINT IN O.S.NO.25
OF 2024 FILED BY THE PETITIONER
BEFORE THE SUBORDINATE JUDGES COURT,
THRISSUR
Exhibit P6 TRUE COPY OF REPRESENTATION DATED 10-
02-2024 SUBMITTED BY THE PETITIONER
Exhibit P7 TRUE COPY OF COMPLAINT DATED 23-02-
2024 SUBMITTED BY THE PETITIONER
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
18-07-2024 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
Exhibit P9 TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
Exhibit P9(a) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
Exhibit P9(b) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
Exhibit P9(c) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
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Exhibit P9(d) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
Exhibit P9(e) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
Exhibit P9(f) TRUE COPY OF PHOTOGRAPHS OF THE 6TH
RESPONDENT
