Dismissed

Abdu Rahman v. State of Kerala

Kerala HC25 Jul 2024WP(Crl.)/320/2024

Case brief

AI extract

What is this about?

Petitioner sought a special investigation team for his son's death, alleged as a murder involving a well drowning. The High Court, finding the death to be accidental drowning supported by medical and police evidence, dismissed the petition.

What did the court decide?

The writ petition seeking constitution of a special investigation team was dismissed. No further investigation was ordered.

Abdu Rahman Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2024)

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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
THURSDAY, THE 25TH DAY OF JULY 2024 / 3RD SRAVANA, 1946
WP(CRL.) NO. 320 OF 2024

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CRIME NO.120/2023 OF Koduvally Police Station, Kozhikode
PETITIONERS:

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ABDU RAHMAN
AGED 61 YEARS
S/O AHAMMED KUTTY,
IYYAD P.O, UNNIKULAM,
BALUSSERY,
KOZHIKODE DISTRICT .,
PIN - 673574
BY ADVS.
M.B.SHYNI
V.R.ANILKUMAR
SARAFUDHEEN T.
AJITH P.C.
ELDHOSE JOY

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RESPONDENTS:

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

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2 STATE POLICE CHIEF KERALA, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM,, PIN - 695001

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3 DISTRICT POLICE CHIEF KOZHIKODE, PAVAMANI RD, TAZHEKKOD, KOZHIKODE., PIN - 673004

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4 THE STATION HOUSE OFFICER KODUVALLY POLICE STATION, KODUVALLY P.O, KOZHIKODE., PIN - 673572

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OTHER PRESENT:

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SMT. SREEJA V (PP)

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WP(CRL.) NO. 320 OF 2024

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 25.07.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(CRL.) NO. 320 OF 2024

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BECHU KURIAN THOMAS, J.

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W.P.(Crl) No. 320 of 2024

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Dated this the 25^th day of July, 2024

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JUDGMENT

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Petitioner is the father of deceased Sri.Al-Ameen who

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was found dead in a well at Koduvally in Kozhikode. He seeks for a direction for constituting a special investigation team to carry out a further investigation in Crime No.120/2023 of Koduvally Police Station for the purpose of an effective investigation. This writ petition has been filed under Article 226 of the Constitution of India.

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According to the petitioner, he believes that his son was murdered and that, despite his repeated pleas, the investigating officer failed to carry out a proper investigation, and hence the petitioner seeks for a better investigation team to take over the investigation. Though the postmortem certificate indicates that the death occurred due to drowning, it also states that there were blunt injuries on the head and spine of the deceased, indicating that he could have been subjected to assault prior to death which according to the

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WP(CRL.) NO. 320 OF 2024

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petitioner, had not been probed into by the Investigation Officer.

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A statement has been filed on behalf of the

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Investigating Officer pointing out that the deceased is involved in a non-bailable crime at Kakoor Police Station, and when he saw a police vehicle on the road, he and other persons ran away through the back side of a house. It is understood that petitioner’s son accidentally fell into a well and died due to drowning. It is also stated that the body of the deceased was found floating in the water two days later, and the scene of the crime and its surroundings were inspected by the scientific officer, apart from verifying CCTV visuals and even the mobile numbers of the deceased, his friends, and other persons collected through the Cyber Cell.

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The investigating Officer further states that the team of doctors who conducted the postmortem had given a report, after visiting the site, that the injuries are likely to have been caused by the fall into the well, and that it can occur during an upside down fall into the well. After narrating the nature of injuries found on the body of the deceased, and after taking the statements of the various doctors, the diatom examination was carried out, which corroborated the finding of death due

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WP(CRL.) NO. 320 OF 2024

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to drowning. Some of the witnesses who were questioned had also stated that they had heard a person running to the eastern side of their house and thereafter falling into a well. Thus, the investigation has clearly revealed that the petitioner’s son accidentally fell into the well and died due to drowning, and also that the investigation is almost complete.

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I have heard Sri.M.B.Shyni, the learned counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.

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The postmortem findings specifically mentioned that the death of petitioner’s son was due to drowning and also that he had sustained multiple blunt injuries to the head and cervical spine, which were consistent with a fall which could have incapacitated him. Despite contending that the investigation is shoddy, petitioner could not point out any specific latches on the part of the Investigating Officer or any lacuna in the investigation conducted. A perusal of the findings in the postmortem report reveals that the findings are consistent with death due to drowning and that the injuries found on the body are consistent with the fall, which could have even incapacitated the deceased. The CCTV visuals have

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WP(CRL.) NO. 320 OF 2024

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been verified, statements of possible witnesses have also been taken. There remains no stone unturned.

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Taking into consideration, the detailed steps adopted by the Investigating Officer and the various materials collected by him, no reason exists to doubt the correctness of the investigation conducted so far. In such circumstances, I am of the view that this is not a fit case where further investigation or a direction for investigation by a different team is necessary.

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Accordingly, I find no merit in this writ petition, and it is

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dismissed.

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Sd/-

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BECHU KURIAN THOMAS JUDGE

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AJM

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WP(CRL.) NO. 320 OF 2024

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APPENDIX OF WP(CRL.) 320/2024

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE FIR DATED 28/02/2023
IN CRIME NO. 120/2023 OF KODUVALLY
POLICE STATION
Exhibit P2THE TRUE COPY OF THE INQUEST REPORT
DATED 28/02/2023
Exhibit P3THE TRUE COPY OF THE POST MORTEM
CERTIFICATE DATED 16/11/2023 ISSUED
BY THE JUNIOR RESIDENT MEDICAL
OFFICER DEPARTMENT OF FORENSIC
MEDICINE GOVT. MEDICAL COLLEGE,
KOZHIKODE
Exhibit P4THE TRUE COPY OF THE POSTMORTEM
REPORT FILED BY THE DIRECTORATE OF
MEDICAL EDUCATION DEPARTMENT OF
FORENSIC MEDICINE GOVT. MEDICAL
COLLEGE, KOZHIKODE DATED 28/02/2023
Exhibit P5THE TRUE COPY OF THE COMPLAINT DATED
01/03/2023
Exhibit P6THE TRUE COPY OF THE COMPLAINT DATED
30/03/2023
Exhibit P7THE TRUE COPY OF THE ACKNOWLEDGEMENT
CARD SIGNED BY THE 2ND RESPONDENT

Abdu Rahman v. State of Kerala

Case brief

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Abdu Rahman v. State of Kerala

Case brief

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