T K RAMACHANDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition is filed under Article 226 of the constitution of India for a writ of mandamus directing respondents to produce letter dated 09-02- 2005 referred to in the counter statement filed in the earlier writ petition by the 5th respondent, and to direct respondent No.2 the Director, Central Bureau of Investigation to investigate further, Crime No.41 of 2005 of Palarivattom Police Station. Petitioner is the father of deceased Sindhu who died under suspicious circumstances on 06-02-2005 at her matrimonial home. Sindhu was married to Srinivasan on 06-11-2003. After marriage she was living at her matrimonial house at Palarivattom. Srinivasan was employed in Bombay and he was occasionally visiting his house at Palarivattom. Under Annexure 2 FIR Crime 41/2005 under Section 174 of Code of Criminal Procedure was registered Ext.P1 Postmortem certificate shows the cause of death of Sindhu was electrocution. When the investigation was not satisfactory to the petitioner and inspite of Ext.P5 mass petition submitted before the Chief Minister and the suspicion raised by Ext.P4 series of news paper reports, petitioner filed W.P.(C) No.20991 of 2005 before this Court under Article 226 of the Constitution of India to entrust the investigation to Central Bureau of Investigation. By Ext.P7 judgment dated 27-07-2005, this Court after finding that there is no material or circumstance warranting to hold that investigation conducted was not proper or to direct further investigation, to allay the grievance and suspicion "that may be lurking in the mind of the petitioner", directed Deputy Superintendent of Police to scrutinize and verify the entire case diary and if he finds that there are some loose ends, then to conduct further investigation. This petition is filed contending that subsequent to Ext.P7 judgment, no proper investigation was conducted and in such circumstances, the investigation is to be entrusted to the CBI.

(2.) The Investigating Officer submitted a statement disclosing that subsequent to Ext.P7 judgment, Assistant Commissioner of police scrutinised the entire case records and found that the death of Sindhu was due to electrocution, as confirmed in the earlier investigation and therefore, there was no necessity to conduct a further investigation. It is also stated that the report of the Deputy Chief Electrical Inspector, Ernakulam establish that electrocution was from the wet grinder, which was examined by the Electrical Inspector.

(3.) Learned counsel appearing for the petitioner and the learned Government Pleader were heard.