Dismissed

Joshy Thomas v. State of Kerala

Kerala HC12 Jun 2023WP(Crl.)/145/2023

Case brief

AI extract

What is this about?

Parents of a deceased alleged to have committed suicide sought a writ directing CBI investigation due to suspicion of foul play. The High Court examined police records and found the investigation conducted properly with no ground for suspicion, dismissing the petition.

What did the court decide?

The writ petition was dismissed as there is no merit and no room for suspicion regarding the investigation.

Joshy Thomas Vs State of Kerala — Writ and Judicial Review | 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 12^TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945

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WP(CRL.) NO. 145 OF 2023

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PETITIONERS:

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1 JOSHY THOMAS

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AGED 49 YEARS, S/O THOMAS, ANTHIYAMKULATH HOUSE, NEDUMKANDAM PO, KALKOONTHAL VILLAGE, IDUKKI DISTRICT, PIN - 685553

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2 LEENA JOSHY

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AGED 48 YEARS, W/O JOSHY, ANTHIYAMKULATH HOUSE, NEDUMKANDAM PO, KALKOONTHAL VILLAGE, IDUKKI DISTRICT, PIN - 685553

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3 JOHNSON THOMAS, AGED 47 YEARS, S/O THOMAS, ANTHIYAMKULATH HOUSE, NEDUMKANDAM PO, KALKOONTHAL VILLAGE, IDUKKI DISTRICT, PIN - 685553

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BY ADVS. SRI.ARUN MATHEW VADAKKAN SRI.PADAYATTEE YELDO

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE HOME SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001

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2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN - 695001

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3 THE SUPERINTENDENT OF POLICE, RURAL, OFFICE OF THE SUPERINTENDENT OF POLICE, IDUKKI DISTRICT, PIN - 685601

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W.P.(Crl.) No.145/23 -:2:-

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4	THE CIRCLE INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION,
	IDUKKI DISTRICT, PIN - 685553
5	THE SUB-INSPECTOR OF POLICE, NEDUMKANDAM POLICE STATION,
	IDUKKI DISTRICT, PIN - 685553
6	CENTRAL BUREAU OF INVESTIGATION
	NEW DELHI, OFFICE AT 5-B,
	6TH FLOOR, CGO COMPLEX,
	REPRESENTED BY ITS DIRECTOR, LODHI ROAD,
	JAWAHARLAL NEHRU STADIUM MARG,
	NEW DELHI, PIN - 110003
	BY ADVS.
	SRI.NOUSHAD K.A, PUBLIC PROSECUTOR
	SRI.K.P.SATHEESAN (SR.) SC FOR CBI

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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-:3:-

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W.P.(Crl.) No.145/23

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BECHU KURIAN THOMAS, J.

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W.P.(Crl.) No.145 of 2023

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Dated this the 12^th day of June, 2023

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JUDGMENT

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First and second petitioners are the parents of Sri. Abin Joshy, who died at midnight hour on 10.11.2022. His cause of death was alleged to be suicide by hanging. The conclusion arrived at by the Investigating Officer that Abin Joshy died by hanging is questioned by the petitioners, who have approached this Court, seeking a direction to hand over investigation to the CBI or any other investigating agency.

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According to the petitioners, the deceased was living with his wife and sister-in-law in a house and he was found hanging in his room on the night of 10.11.2022. Petitioners allege that there was no reason for the deceased to commit suicide since he was otherwise

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happy and had even spoken about the arrangement for his daughter's first birthday celebration, which was just a few weeks away. It is further alleged that other than the deceased's wife and her sister, no one else had seen the deceased hanging and further

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W.P.(Crl.) No.145/23 -:4:-

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that there were fights between the deceased and his wife and sister-

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in-law immediately before the alleged suicide and certain injuries were also found on the body. Petitioners allege that the injuries noticed in the postmortem certificate are not normal injuries in a case of suicide and that the investigation did not proceed in the proper manner.

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A statement has been filed by the Investigating Officer specifying that during the inquest, small abrasions were found on the left side of the nose, left side of the jaw and on two sides of the stomach, apart from some blood stains on the side of the left ear and chest region of the body, the doctor had opined that the postmortem findings are consistent with death due to hanging. It is further stated that the deceased and his wife were living happily together, but on 10.11.2022, he brought home some alcohol and that after a drink with his wife and her sister, he beat his wife and her sister and thereafter, he went inside the room, closed the door and threatened to commit suicide. The Investigating Officer has also stated that when his wife checked on him through the window, she found him tying a cloth to the fan and she cried out aloud, called the neighbour and all of them tried to open the door. Finally, a retired Circle

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-:5:-

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W.P.(Crl.) No.145/23

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Inspector of Police came from the neighbourhood and broke open the door with an axe and brought him down. They tried to give him artificial respiration and took him to the hospital, and was subsequently declared that he had died.

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The Investigating Officer has concluded that from the investigation, it was revealed that the deceased was found hanging in his bedroom due to some family problems, and his family members and neighbours tried to save him and brought him to the Taluk Hospital, Nedumkandam after breaking open the lock of the room. It was also stated that materials had been collected, including the statement of witnesses that while he was found hanging, there was no one around him and the room was locked from the inside, and the abrasions on the body occurred while trying to save him from the fan and while he was brought down. On the above conclusions, further action into Crime No.1144 of 2022 of Nedumkandam Police Station was dropped.

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In order to ascertain the nature of investigation carried out, this Court called for the case diary and perused the same meticulously. Though a few injuries were noted during the inquest on the deceased's body, and the same have also been noted during the

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W.P.(Crl.) No.145/23

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-:6:-

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postmortem, those injuries are minor abrasions which do not indicate any assault as having taken place prior to death. The statements of witnesses, including the neighbours, who rushed to the scene mention that the room was locked from the inside with only the deceased inside the room and also that the door had to be broken open using an axe. It has also come out from the statement of witnesses that the wife of the deceased and her sister tried to revive the deceased after he was brought down from the hanging position.

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Though there apparently was a minor quarrel between the deceased, his wife and his sister-in-law, the same does not necessarily indicate their involvement in the death, nor can any fingers be raised against the conclusion arrived at by the Investigating Officer as to the cause of death. There is also no reason to assume that the investigation was improperly conducted or that a further investigation of any nature is required.

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Considering the entire circumstances of the case and the materials collected by the Investigating Officer, this Court is satisfied that the investigation was conducted properly without giving any room for suspicion or ineffectiveness.

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It is settled law that an investigation by the CBI can be

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-:7:-

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W.P.(Crl.) No.145/23

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ordered to be conducted only in exceptional cases. No such

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exceptional circumstances are pointed out or even made out by the petitioners.

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Hence there is no merit in this writ petition, and it is dismissed.

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Sd/-

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BECHU KURIAN THOMAS

JUDGE

vps

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W.P.(Crl.) No.145/23

APPENDIX

PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE FIR IN CRIME NO.1144/2022 DATED 11.11.2022 OF NEDUMKANDAM POLICE STATION EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST AND 2ND PETITIONERS BEFORE THE CHIEF MINISTER OF KERALA DATED 21.11.2022 EXHIBIT P3 TRUE COPY OF THE RECEIPT DATED 21.11.2022 ISSUED FROM THE OFFICE OF THE CHIEF MINISTER OF KERALA EVIDENCING THE ACCEPTANCE OF EXT.P2 EXHIBIT P4 TRUE COPY OF THE RECEIPT DATED 21.11.2022 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT, DIRECTOR GENERAL OF POLICE EXHIBIT P5 TRUE COPY OF THE POST-MORTEM CERTIFICATE DATED 11.11.2022 ISSUED BY DEPARTMENT OF FORENSIC MEDICINE, GOVERNMENT MEDICAL COLLEGE, IDUKKI

Joshy Thomas v. State of Kerala

Case brief

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Joshy Thomas v. State of Kerala

Case brief

What is this about?

What did the court decide?

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