PADMINI S R Vs. DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) Kapil Sukesh, son of the petitioner committed suicide on 17-09-2004 by hanging, in his house. This petition is filed under Article 226 of the Constitution of India for a writ of mandamus directing respondents 1 and 2 to conduct an investigation and report the action taken to find out the culprits, in the Museum Police Station who were instrumental for the death of Kapil Sukesh contending that in Ext.P1 suicide note, Circle Inspector, Police Constables and the relatives and an advocate are shown responsible for the suicide. Petitioner would contend that against the incident which occurred on 15-05-2004, when the Police Commissioner and the Police party trespassed into the house of the petitioner and took away Kapil Sukesh, Ext.P2 complaint was filed before Women's Commission, Thiruvananthapuram and if proper investigation is conducted, persons responsible for the suicide of Kapil Sukesh could be found out and they are to be properly prosecuted.

(2.) As directed the Sub Inspector of Police, Fort Police, for the third respondent, filed a statement disclosing that on 15-05-2004, the Circle Inspector of Police, Museum Police Station in connection with the investigation in Crime No.169 of 2004 registered under Section 307 of Indian Penal Code. The house of the petitioner was searched after submitting a search memorandum. Petitioner had caused serious obstruction, the search and thereby in discharge of the official duty of the police and also abused the Circle Inspector and therefore, Crime No.267 of 2004 was registered by Fort Police against her. On the basis of the statement by one Surendran, Crime No.542 of 2004 was registered under Section 174 of Indian Penal Code on the death of Kapil Sukesh. Kapil Sukesh committed suicide by hanging between 8.00 p.m and 2.00 a.m on 17-09-2004. The report of postmortem reveal that death was due to hanging. It is also stated that investigation reveal that he was leading a wayward life and had fallen in the bad company of criminals. Till 16-09-2004, he was working as a security personnel in Pattam Uthradam Thirunal Palace. He was dismissed on 16-09-2004. He was mentally disturbed and that is the reason for the suicide note. A report was sent to Sub Divisional Magistrate stating that it is a case of suicide. Subsequently, an additional statement was submitted as directed by this Court, which reveal that on the petition submitted by the petitioner before the Chief Minister of Kerala, a detailed enquiry was conducted as directed by the Director General of Police by the Superintendent of Police of CBCID. The said enquiry reveal that petitioner is a habitual complainant, who is of the habit of sending false complaints and filing complaints against Police officers and police Personnel before the courts. It is stated that Kapil Sukesh was involved in Crime No.445 of 2001 registered under Sections 450, 427 and 307 r/w Section 34 of Indian Penal Code and Crime No.169 of 2004 registered under Sections 143, 147, 148, 149, 450, 294(b), 323 and 307 of Indian Penal Code he was having a criminal background. It is also disclosed that one Ramesh, Head Constable is living with the petitioner, though he has a wife and children. The Superintendent of Police recommended action against him. The statement shows that there is no suspicion against the persons named in the suicide note for the death of Kapil Sukesh.

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