Petitioner filed a writ petition seeking an effective investigation into her son's alleged drowning, doubting the current probe despite the postmortem findings. The court examined the case diary, found no grounds to doubt the investigation's integrity, and dismissed the petition.
No direction for further investigation granted; petition dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 5TH DAY OF JUNE 2023 / 15TH JYAISHTA, 1945
WP(CRL.) NO. 60 OF 2023
PETITIONER:
LEELA ANIL KUMAR KOLLAM PARAMBU (WARD NO -3), ERMALLOOR (P.O.), ALAPPUZHA, PIN - 688537
BY ADV. NIDHI BALACHANDRAN
RESPONDENTS:
BY SRI.C.N.PRABHAKARAN, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 05.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl.) No.60/23
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BECHU KURIAN THOMAS, J.
W.P.(Crl.) No. 60 of 2023
Dated this the 5th day of June, 2023
JUDGMENT
Petitioner's son is alleged to have drowned to death on 17.04.2022. Though investigation was conducted into the death, petitioner alleges that the same was not effective and hence seek a direction to respondents 3 to 5 to conduct an impartial and effective investigation under the supervision of the fourth respondent.
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W.P.(Crl.) No.60/23
despite detailed investigation, no materials have been collected or obtained to raise any kind of suspicion into the death of petitioner's son. It was also submitted that the allegation regarding the quarrel with one Rikson is baseless and that the postmortem report as well as investigation revealed that the death of Sri.Ajayan - petitioner's son, was due to drowning. It was also stated that the petitioner's son and his friends had consumed alcohol before they left for taking bath in the waterway near Kudapuram. The learned Public Prosecutor submitted that though the final report has not yet been filed as on 08.02.2023, investigation conducted till then revealed that there is no cause for doubting the nature of death of petitioner's son.
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W.P.(Crl.) No.60/23
that petitioner's son was under the influence of alcohol and that along with his friends he had stepped into the water and suddenly went missing. Finally he was taken out of the water and rushed to a hospital immediately. The postmortem report speaks about death of petitioner's son due to drowning which is in tune with the statements collected during investigation.
Therefore there is no merit in this writ petition and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
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W.P.(Crl.) No.60/23
APPENDIX OF WP(CRL.) 60/2023
PETITIONER EXHIBITS
| EXHIBIT | P1 A TRUE COPY DATED 18/4/22 |
OF OF |
THE POSTMORTEM REPORT PETITIONER'S SON |
|---|---|---|---|
| EXHIBIT | P2 TRUE COPY OF SUBMITTED BY 2ND RESPONDEN |
THE THE T |
COMPLAINT DATED 22/6/22 PETITIONER BEFORE THE |
| EXHIBIT | P3 TRUE COPY OF |
THE | COMPLAINT DATED 22/6/22 |
| SUBMITTED BY 3RD RESPONDEN |
THE T |
PETITIONER BEFORE THE | |
| EXHIBIT | P4 TRUE COPY OF SUBMITTED BY 4TH RESPONDEN |
THE THE T |
COMPLAINT DATED 22/6/22 PETITIONER BEFORE THE |
| EXHIBIT | P5 TRUE COPY OF SUBMITTED BY 5TH RESPONDEN |
THE THE T |
COMPLAINT DATED 22/6/22 PETITIONER BEFORE THE |
| EXHIBIT | P6 TRUE COPY OF |
THE | RECEIPT ISSUED BY THE |
| OFFICE OF T 22/6/22 TO TH |
HE E PE |
3RD RESPONDENT DATED TITIONER |
|
| EXHIBIT | P7 TRUE COPY OF OFFICE OF T 22/6/22 TO TH |
THE HE E PE |
RECEIPT ISSUED BY THE 4TH RESPONDENT DATED TITIONER |
2 issues framed by the court
Whether the petitioner is entitled to a direction for a fresh investigation into her son's death.
Whether the existing investigation into the drowning death was effective and impartial.
LEELA ANIL KUMAR KOLLAM PARAMBU
STATE OF KERALA
DISTRICT COLLECTOR ALAPPUZHA
SUPERINTENDENT OF POLICE ALAPPUZHA
DEPUTY SUPERINTENDENT OF POLICE CHERTHALA
STATION HOUSE OFFICER AROOR
BECHU KURIAN THOMAS
As recorded by the court registry
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