Dismissed

Thankamma T v. the State of Kerala

Kerala HC10 Jul 2023WP(Crl.)/1180/2022

Case brief

AI extract

What is this about?

The High Court of Kerala dismissed a writ petition filed by the grandmother of a deceased man to quash the police final report and direct a specialised agency investigation. The court held that the postmortem report conclusively attributed death to drowning with no evidence of assault, failing to show reasonable suspicion warranting further inquiry.

What did the court decide?

Request to quash final report and direction for re-investigation by a specialised agency were not allowed.

Thankamma T Vs the State of Kerala — Criminal Trial and Appeal | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 10^TH DAY OF JULY 2023 / 19TH ASHADHA, 1945

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WP(CRL.) NO. 1180 OF 2022

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PETITIONER :

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THANKAMMA T.,

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AGED 80 YEARS, W/O.SUNNY, PATHISSERY HOUSE, NAREEKODEMUKKU, SUGANDAGIRI POST, VYTHIRI, WAYANAD (DIST), PIN – 673 576

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BY ADVS. CELINE JOSEPH BENNY P.S

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RESPONDENTS :

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1 THE STATE OF KERALA, REP. BY ADDL. CHIEF SECRETARY TO DEPT. OF HOME & VIGILANCE, GOVT. OF KERALA, THIRUVANANTHAPURAM, PIN – 695 001

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2 THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM, THIRUVANANTHAPURAM DISTRICT, PIN – 695 007

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3 THE POLICE INSPECTOR GENERAL AND COMMISSIONER, KOCHI, PIN – 682 011

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4 THE DISTRICT POLICE CHIEF,

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WAYANAD (DIST), PIN – 673 121

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5 THE STATION HOUSE OFFICER, VYTHIRI POLICE STATION, WAYANAD, PIN – 673 576

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6 JAYAN A,

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AGED 38 YEARS, S/O. APPU, VATTAKKATTIL HOUSE, NARANGAKUNNU, VYTHIRI, WAYANAD DIST, PIN – 673 576

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WP(CRL.) NO. 1180 OF 2022

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7 ALI O.V., AGED 44 YEARS, S/O. UMMER, OZHUMALAKUNNIL HOUSE, THAILAKUNNU, VYTHIRI, WAYANAD DIST, PIN – 673 576

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8 JOY A.J., AGED 62 YEARS, S/O. JACOB, AMBALATHINKAL HOUSE, KODICHAL, VYTHIRI, WAYANAD DIST, PIN – 673 576

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9 EDVIN KORAYA, AGED 53 YEARS, S/O. PETER KORAYA, AMBATTU HOUSE, NARIKKODU MUKKU, VYTHIRI, WAYANAD DIST, PIN – 673 576

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BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 1180 OF 2022

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BECHU KURIAN THOMAS, J.

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W.P.(Crl.) No.1180 of 2022

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Dated this the 10^th day of July, 2023

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JUDGMENT

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Petitioner is the grandmother of one Sri.Rineesh, who was found dead on 08.10.2019 on the banks of the river Thalimala. This writ petition has been filed seeking to quash the final report filed in Crime No.362 of 2019 of Vythiri Police Station and also for a direction to conduct a further investigation or a re-investigation into the aforesaid crime by a specialised agency.

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The deceased grandson of the petitioner was an unmarried man and he used to spend his leisure time with his friends, who are arrayed as respondents 6 to 9 in this writ petition. Petitioner alleges that on the morning of 08.10.2019, her grandson's body was found on the bank of a river at Thalimala with multiple injuries on the body. Since the body was found in a place where there was no water, doubts arose regarding the cause of death and the deceased was immediately taken to the Medical College Hospital, Kozhikode for postmortem.

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WP(CRL.) NO. 1180 OF 2022

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The grievance of the petitioner is that, despite serious doubts on the cause of death of her grandson and inspite of various petitions and representations filed by her before different authorities, the police filed a final report stating that the death was due to drowning and no further proceedings are necessary in the matter. According to the writ petitioner, the illegal action of respondents 1 to 5 in not conducting a proper investigation to the suspicious death of her grandson has compelled her to approach this Court under Article 226 of the Constitution of India seeking an investigation by a specialised agency.

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A statement has been filed by the Investigating Officer alleging that it was mentioned by the Doctor who conducted the autopsy that the cause of death was due to drowning and that the injuries found on the ears, lips and legs of the deceased were due to aquatic animal activity while the other injuries found on the body of the deceased might have been due to a fall on to a rough surface. It was further averred that the police had questioned several witnesses and also visited the scene of crime and finally came to the conclusion that the deceased died due to drowning. The Deputy Superintendent of Police, Kalpetta had, before filing the final report perused the report and also the case diary. Thereafter certain

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WP(CRL.) NO. 1180 OF 2022

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specific instructions were given which required more detailed investigation and therefore further witnesses were also questioned. Finally, it was concluded that the statements of the witnesses and other persons questioned did not reveal any reason to doubt the cause of death of the deceased. It was also mentioned that prior to the death, the deceased had consumed excess quantity of liquor and that investigation had not revealed anything suspicious about the cause of death. According to the Investigating Officer, the allegation of the petitioner regarding the faulty nature of investigation is baseless and that there was no reason to conduct a further investigation.

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I have heard Sri.Celine Joseph, the learned counsel for the petitioner and Sri.C.N.Prabhakaran, the learned Public Prosecutor.

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I have also perused the case diary meticulously.

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The postmortem report specifically mentions that the accused died due to drowning. The Doctor when questioned stated that the injuries noted on the ears, lips and other parts of the body of the deceased were due to aquatic animal activity. There is absolutely no indication of any assault on the body of the deceased. No injuries due to any assault was seen on the body except for certain abrasions which were according to the doctor, caused due to

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WP(CRL.) NO. 1180 OF 2022

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other reasons, none of which could be attributed to any suspicious act.

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Petitioner has not adduced any material to create a dent on the conclusions arrived at by the Investigating Officer or the Doctor who conducted the postmortem.

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Taking note of the aforesaid circumstances, I am of the view that the request of the writ petitioner to quash the final report filed in Crime No.362 of 2019 of Vythiri Police Station and also for a direction to conduct a further investigation or a re-investigation into the aforesaid crime by a specialised agency cannot be allowed in the

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light of the above noted circumstances.

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Thus the writ petition fails and it is dismissed.

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Sd/- BECHU KURIAN THOMAS, JUDGE

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RKM

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WP(CRL.) NO. 1180 OF 2022

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APPENDIX OF WP(CRL.) 1180/2022

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PETITIONER'S EXHIBITS :

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Exhibit P1 TRUE COPY OF THE FIR DATED 08.10.2019 IN CRIME NO 362/2019 OF THE VYTHIRI POLICE STATION

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Exhibit P2 TRUE COPY OF THE COMPLAINT DATED 04.11.2019 FILED BY THE PETITIONER BEFORE THE DEPUTY SUPERINTENDENT OF POLICE

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Exhibit P3 TRUE COPY OF THE COMPLAINT DATED 11.11.2019 FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA.

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Exhibit P4 TRUE COPY OF THE COMPLAINT DATED 20.11.2019 FILED BY THE PETITIONER BEFORE THE DISTRICT POLICE CHIEF WITH RECEIPT.

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Exhibit P5 TRUE COPY OF COMPLAINT DATED 05.12.2019 FILED BY THE PETITIONER BEFORE THE MP, WAYANAD CONSTITUENCY

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Exhibit P6 TRUE COPY OF THE COMPLAINT DATED 25.01.2020 FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA.

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Exhibit P7 TRUE COPY OF COMPLAINT DATED 13.07.2021 FILED BY THE PETITIONER BEFORE THE MLA OF WAYANAD CONSTITUENCY.

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Exhibit P8 TRUE COPY OF THE FINAL REPORT/ CLOSURE REPORT DATED 09.03.2020 IN CRIME NO. 362/2019 OF THE VYTRHIRI POLICE STATION.

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Exhibit P9 TRUE COPY OF THE POST MORTEM REPORT DATED 08.10.2019.

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WP(CRL.) NO. 1180 OF 2022

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TRUE COPY OF THE THE SCENE MAHAZER DATED 08.10.2019 PREPARED BY THE RESPONDENT Exhibit P10 POLICE. Exhibit P11 TRUE COPY OF THE INQUEST REPORT PREPARED BY THE SI OF POLICE,VYTHIRI POLICE STATION,DATED 08.10.2019. Exhibit P12 TRUE COPY OF THE REPLY RECEIVED FROM THE DISTRICT POLICE CHIEF DATED 05.12.2019.

Thankamma T v. the State of Kerala

Case brief

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Thankamma T v. the State of Kerala

Case brief

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