Kerala High Court
Girija Bharathan vs State Of Kerala on 29 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1171 of 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947
WP(CRL.) NO. 1171 OF 2025
PETITIONER(S):
1 GIRIJA BHARATHAN
AGED 66 YEARS
W/O BHARATHAN, KARINJAN HOUSE, AZHEEKKAL DESOM AND
P.O, KANNUR TALUK, KANNUR DISTRICT., PIN - 670009
2 INDIRA RAMESH
AGED 60 YEARS
W/O RAMESH, B3 SN FLAT, DESI PILLAI STREET,
ORAGADAM, GANDHI MAIN ROAD, CHENNAI, PIN - 600053
BY ADV. SRI.M.J.POLLY
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ADDL. CHIEF SECRETARY TO GOVT. DEPT.
OF HOME AND VIGILANCE, GOVT. OF KERALA,
THIRUVANANTHAPURAM., PIN - 695001
2 THE STATE POLICE CHIEF
KERALA POLICE HEADQUARTERS, VAZHUTHAKKADU,
THIRUVANANTHAPURAM., PIN - 695014
3 THE STATION HOUSE OFFICER ,KUNNAMKULAM POLICE
STATION
THE STATION HOUSE OFFICER, KUNNAMKULAM POLICE
STATION, KUNNAMKULAM P.O, THRISSUR, PIN - 680503
BY ADV.
SR PP, SRI. HRITHWIK C S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 29.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).No.1171 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1171 of 2025
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Dated this the 29th day of September, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"I. Issue a writ in the nature of mandamus or such
other writ, direction or orders directing the 2nd respondent
to hand over the investigation of suspicious death of
petitioner's sister Bhavani and her husband Mohanan to CB-
CID of kerala state or other Investigating agency.
II. Issue a writ in the nature of mandamus or such
other writ, direction or orders directing the 1st and 2nd
respondents to conduct a proper investigation into the
death of Bhavani and Mohanan within time limit framed by
this Hon'ble court.
III. Hon'ble Court may deem fit and proper
considering the facts and circumstances of the case, in the
interest of justice." [SIC]
2. The petitioners approached this Court seeking
an investigation by a senior police officer or by CBCID into the
alleged unnatural death of their sister Bhavani (aged 76 years)
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and her husband Mohanan (78 years). The 1 st petitioner
submitted Ext.P2 complaint before the Station House Officer,
Kunnamkulam Police Station. Ext.P3 is the receipt showing the
submission of Ext.P2 complaint. The 1 st petitioner also
submitted Ext.P1 complaint before the District Police Chief,
Thrissur. Even then, there is no response from the police.
Hence, this Writ Petition (Crl.) is filed.
3. Heard the learned counsel appearing for the
petitioner and the learned Public Prosecutor.
4. This Court directed the Public Prosecutor to get
instructions. A statement is filed by the Station House Officer,
Kunnamkulam Police Station, in which it is stated that, based on
the complaint received from the 1 st petitioner, an enquiry was
conducted.
5. I am not satisfied with the manner in which the
Station House Officer dealt with the complaint received by him
from the 1st petitioner. In the complaint, it is stated that there is
suspicion in the death of her sister and her sister's husband.
When such a complaint is received, the police has to register a
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case under Section 174 Cr.P.C./194 BNSS, and thereafter do the
needful in accordance with the law. Without doing so, the
Station House Officer proceeded with the complaint with an
enquiry. According to me, the Station House Officer should
register an FIR under Section 174 Cr.P.C./194 BNSS and proceed
in accordance with the law.
Therefore, this Writ Petition (Crl.) is disposed of directing
the 3rd respondent to proceed with Ext.P2 complaint after
registering a case under Section 174 Cr.P.C./194 BNSS in
accordance with the law.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
Judgment reserved NA
Date of Judgment 29.09.2025
Judgment dictated 29.09.2025
Judgment uploaded 29.09.2025
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APPENDIX OF WP(CRL.) 1171/2025
PETITIONER EXHIBITS
EXHIBIT P1 THE COMPLAINT FILED BY THE FIRST
PETITIONER TO THE SUPERINDENT OF POLICE,
THRISSUR DATED 28-06-2025
EXHIBIT P2 THE COMPLAINT FILED BY THE FIRST
PETITIONER TO SHO, KUNNAMKULAM
EXHIBIT P3 THE ACKNOWLEDGEMENT RECEIPT RECEIVED FROM
THE KUNNAMKULAM POLICE STATION
EXHIBIT P4 THE COMPLAINT FILED BY THE FIRST
PETITIONER TO CHIEF MINISTER OF KERALA
EXHIBIT P5 THE ACKNOWLEDGMENT RECEIPT RECEIVED FROM
THE OFFICE OF THE CHIEF MINISTER OF KERALA
DATED 10-07-2025
EXHIBIT P6 THE DEATH CERTIFICATE OF BHAVANI DATED 07-
07-2025
