This court dismissed a writ petition challenging the police investigation into the death of the petitioner's brother. The court upheld the local police investigation as proper and dismissed the plea to transfer it to the Crime Branch.
No further investigation and no transfer to Crime Branch; petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945
WP(CRL.) NO. 1214 OF 2022
CRIME NO.1041/2021 OF HILL PALACE POLICE STATION, ERNAKULAM
PETITIONER:
SREEDEVI
W/O. LATE. V.P. RAMACHANDRAN, AGED 61 YEARS, THARAYIL HOUSE, VIKRAM SARABAI RAOD, MARADU, ERNAKULAM DISTRICT, PIN - 682304
BY ADVS. SRI.M.R.JAYAPRASAD SRI.VARGHESE PARAMBIL SRI.ALBERT JOSEPH SRI.ARUN PAUL (KAPRASSERY) SMT.SETHULEKSHMI PRABHA SRI.ANTONY PAUL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE COMMISSIONER OF POLICE REVENUE TOWER BUILDING, PARK AVENUE ROAD, ERNAKULAM, PIN - 682011
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HILL PALACE POLICE STATION, ERNAKULAM DISTRICT, PIN - 682301
5 ANILA K., SUB INSPECTOR OF POLICE, HILL PALACE POLICE STATION, ERNAKULAM DISTRICT, PIN - 682301
SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING BEEN FINALLY HEARD ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.1214/22
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No.1214 of 2022
Dated this the 10th day of July, 2023
JUDGMENT
Sri.Sethu Madhavan, brother of the petitioner, was found dead
at 12.15 a.m. on 07.08.2021. After registration of Crime No.1041 of 2021 of the Hill Palace Police Station, Ernakulam under section 174 of the Cr.P.C., investigation was carried out. The report was filed requesting to drop further action as the death was due to burns and was an act of suicide.
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that the Investigating Officer is attempting to protect the accused persons. It was further pointed out that the matrimonial relationship between the deceased and his wife was not cordial and that the wife had quite often openly declared that she will do away with the deceased, which was even recorded on his mobile phone. Petitioner's suspicion about the involvement of the wife of the deceased is substantiated from the conversation petitioner had with the deceased on 12.05.2021 when he conveyed that his wife had threatened him with death within six months.
which it is pointed out that proper investigation was conducted into the death of the petitioner's brother and that immediately on receipt of information regarding the unnatural death, a crime was registered, and investigation commenced. It was also pointed out that the scene of the crime was examined by forensic experts, fingerprint experts as well as the police surgeon and that the autopsy conducted on the deceased did not reveal anything unusual or suspicious. According to the Investigating Officer, during the course of the investigation, it was revealed that the deceased was a drunkard, and due to his alcoholic nature, there were frequent quarrels with his wife.
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However, nothing was revealed during the investigation about any conspiracy to cause the death of the deceased. Reference was made to the post-mortem report, which specifically mentioned that the death was due to burns, and the recovery during the investigation of two bottles with the smell of petrol from the room where the body was lying. It was also pointed out that the son of the deceased had seen the charred body at first and that his mother, on coming to know about the death, was wailing incessantly The finger print expert also could not identify any fingerprint at the scene of crime, clearly excluding the possibility of a third person at the time of deceased. The phone details of the suspects were also closely monitored during the investigation, and nothing suspicious was found. It was also mentioned that the deceased had stayed along with the petitioner and son for few days. However, due to a quarrel that ensued, petitioner had asked the deceased to leave her house. It was further pointed out that the scene of the crime, and the photographs that were taken did not reveal anything to suspect a murder and that the investigation clearly revealed death by suicide. It was further revealed that after the deceased went missing, his son went on a frantic search all around the place and even stated that he had twice
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checked the house where the body was subsequently found.
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conducted into Crime No.1041 of 2021 of the Hill Palace Police Station, Ernakulam. Therefore there is no necessity to conduct any further investigation or to hand over the same to any other superior
officer or even to the Crime Branch.
There is no merit in this writ petition, and hence it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
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APPENDIX
PETITIONER'S/S' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE FIR REGISTERED AS CRIME NO. 1041/ 2021 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA DATED 07.08.2021 EXHIBIT P2 TRUE COPY OF THE DISCHARGE SUMMARY OF THE MOTHER OF THE PETITIONER EXHIBIT P3 TRUE COPY OF THE INQUEST REPORT DATED 07.08.2021 RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P4 TRUE COPY OF THE POST MORTEM CERTIFICATE DATED 08.08.2021 EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 13.08.2021 EXHIBIT P6 COPY OF THE NOTICE REGARDING THE FILING OF THE REPORT RECEIVED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT EXHIBIT P7 TRUE COPY OF THE COMPLAINT SEND TO THE CHIEF MINISTER OF KERALA EXHIBIT P8 COPY OF REPORT ALONG WITH THE STATEMENT OF THE PETITIONER RECEIVED UNDER THE RIGHT TO INFORMATION ACT FROM THE OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE DATED 22.04.2022 EXHIBIT P9 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE INVESTIGATION OFFICER BEFORE THE SUB DIVISIONAL MAGISTRATE, FORT KOCHI
2 issues framed by the court
Whether the police investigation into the unnatural death of the deceased was conducted properly and properly capable of being completed by the local police.
Whether the allegation that the death was a murder warrants handing over the investigation to the Crime Branch.
1 provisions across 1 enactments
Sree Devi
State of Kerala
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
