IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4879 of 2007(E)
1. V.K.GOPALAKRISHNAN,
... Petitioner
Vs
1. STATION HOUSE OFFICER,
... Respondent
2. CITY POLICE COMMISSIONER,
3. THE EXECUTIVE MAGISTRATE (TAHSILDAR),
4. THE SUPERINTENDENT OF POLICE,
5. THE SUPERINTENDENT OF POLICE,
6. STATE OF KERALA,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :25/02/2009
O R D E R
M.N. KRISHNAN, J.
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W.P.C. NO. 4879 OF 2007
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Dated this the 25th day of February, 2009.
J U D G M E N T
This writ petition is filed for a direction to the 5th
respondent to investigate Crime No.124/00 in the Feroke
Police Station. The gist of the case is that one Jayakumar,
son of Appukutty aged 39 years was found hanging on a
plastic rope in the upstairs of his bed room. His wife and
aunt and others rushed him to TMH Hospital, Kadalundi and
later to Medical College Hospital, Calicut but he was declared
dead. Jayakumar’s wife’s uncle N.R. Sekharan lodged a
complaint before the Feroke Police Station which was
registered under the caption of unnatural death. Autopsy
was conducted on the body of the deceased. Initially 18
witnesses were questioned. Their statements were recorded.
A final report was filed opining that the death was due to
hanging. In the meanwhile the petitioner herein filed a writ
petition before the High Court and this Court handed over
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the investigation to the Crime Branch and accordingly the
Superintendent of Police Crime Branch had taken over the
investigation. From his report it can be seen that he had
examined as many as 37 witnesses and had given a brief
description of what all the witnesses had stated. He had also
pointed out important materials and had arrived at a decision
that it is a case of suicide and further stated that there was
no abetment to commit suicide and therefore ruled out the
possibility of any homicidal death. He had specifically
referred to the evidence of CW17, Sindhu and had also
discussed in detail regarding the absence of abetment or
instigation to commit suicide. Though an attempt was made
with reference to a property dispute there was nothing to link
the same. The Superintendent of Police also even doubted
the manner in which the investigation is conducted by the
Sub Inspectors of Police for the reason that they did not
question the psychiatrist who treated the deceased before his
death. The investigation also revealed that there was an
earlier occasion when the deceased had taken excessive
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sleeping pills and he was admitted in the hospital. Ultimately
Superintendent of Police completed the investigation and
submitted a final report which was approved by the Addl.
Director General of Police(Crimes) and a final report was
submitted before the Executive Magistrate, Kozhikode on
9.5.2006. The statement filed by the Superintendent of
Police shows that all particulars of possible evidence has
been looked into and a decision has been arrived at that it is
a case of suicide and not homicide and there is nothing
further to reveal that there was an abetment to commit
suicide. From these materials I do not find any ground to
entertain this writ petition and therefore it is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-