IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26828 of 2008(R)
1. M.N. RAJAN, MENONKUDIYAL HOUSE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. HOME SECRETARY,
3. DIRECTOR GENERAL OF POLICE,
4. SUPERINTENDENT OF POLICE,
5. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.JEEMON K.ABRAHAM
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/07/2009
O R D E R
M.Sasidharan Nambiar, J.
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W.P.(C)No.26828 of 2008 R
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JUDGMENT
This petition is filed by the father of
deceased Ranjith, whose dead body was found in a
well near to the property of the petitioner on
30.7.2006, under Article 226 of Constitution of
India for a writ of mandamus to constitute a
special investigation team to probe into the
unnatural death of his son Ranjith.
2. On the night of 29.7.2006, a feast was
arranged in the house of Balachandran, a neighbour,
in connection with naming of his grandchild.
According to the petitioner, Ranjith had gone there
to help preparation of feast. When, on the next day
morning, Ranjth did not return, petitioner made an
enquiry and wife of Balachandran disclosed that he
had returned to the house during early hours. As
Ranjith did not reach the house, a thorough search
was made. Finally, the dead body was found in the
WPC 26828/08 2
well, which was taken with the help of fire force.
Exhibit P1 postmortem certificate shows that
autopsy was conducted by the Forensic Professor,
Medical College Hospital, Alappuzha, which would
reveal that death was due to the combined effect of
head injury and drowning. It is contended that he
gathered information that on the night of
29.7.2006, deceased Ranjith, along with his
friends, consumed liquor from the house of
Balachandran and thereafter there was a quarrel
between them and Ranjith was forcibly removed from
the house and expressing doubt on the death of
Ranjith, Exhibit P2 complaint was submitted to C.I.
of Police, Puthenkurisu. Later, Exhibit P4 petition
was filed before the Home Minister for a proper
investigation. Contending that no proper
investigation is being conducted in the case, this
petition is filed.
3. Fifth respondent filed a written statement
to the effect that investigation of the case was
WPC 26828/08 3
being conducted by the Sub Inspector of Police till
17.10.2006 and the viscera collected at the time of
autopsy were sent for examination to the Forensic
Science Laboratory, Thiruvananthapuram and it
revealed that alcohol percentage in the blood of
the deceased was 74.3%/100 ml. It was also
disclosed that iron rods were found in the well,
where the dead body was found and the investigation
revealed that deceased Ranjith, after consuming
much alcohol, took part in the preparation of feast
and thereafter left the house at about 3.30 a.m.
and on the way, he accidentally fee into the well
and as iron rods were there inside the well, he
sustained injuries on the head and cause of death
was the injuries and drowning and a final report
was submitted before the Sub Divisional Magistrate,
Muvattupuzha on 12.9.2007 itself.
4. Learned counsel appearing for the petitioner
submitted that proper investigation was not
conducted and death cannot be an accidental one,
WPC 26828/08 4
but could only be homicide and if a proper
investigation was conducted, the culprits could
have been brought before law.
5. On hearing the learned counsel and going
through the materials produced, I find no reason to
direct an investigation as sought for. As a final
report, after registration of the case under
Section 174 of Code of criminal Procedure, was
submitted before the Sub Divisional Magistrate, the
proper remedy of the petitioner is to file a
private complaint before the concerned Magistrate.
If so advised, petitioner is entitled to file a
private complaint.
Petition is dismissed with liberty to file a
private complaint.
17th July, 2009 (M.Sasidharan Nambiar, Judge)
tkv