JOSHI.N.THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The relentless efforts of a bereaved father continues. This is the third time he is approaching this Court with a Writ Petition seeking directions for proper investigation of the case that was registered consequent to the untimely and allegedly suspicious death of his son Jerin Joshy on 13/05/2011. In the alternative, the petitioner seeks a prayer to hand over the investigation to the Central Bureau of Investigation.

(2.) Jerin was a 22-year-old engineering graduate waiting to be inducted into his first job. While waiting for the placement, on 13/05/2011 he went to his mother's ancestral house at Thuravoor. His uncles, aunts, and cousins, planned a pleasure trip to a place called Aroormuzhi. They left for Aroormuzhi in two cars and reached there by afternoon. While they were picnicking on a riverbank, some of them attempted to get into the river for a bath. Jerin too did that and unfortunately tripped into the river. His cousin's wife Binsy who was among the few in the group who knew how to swim, made a valiant attempt to save him, in vain. Brother George, one of his uncles also tried to help, but he too failed. The undercurrent was strong and Jerin was pulled by it and drowned. The members of the party raised an alarm for help. Two persons from the locality namely Suresh, who was engaged in fishing nearby, and Deepu came to their assistance. Suresh succeeded in salvaging Jerin from the riverbed with the help of Deepu. Police were informed and Sijo Varghese, the Sub Inspector of Police, Athirappilly, and his party reached there by about 3:30 PM. Jerin was immediately taken to the St James Hospital, Chalakudy only to be declared dead by the doctor. Crime No. 172/2011 (Ext.P1) was registered at the Athirappilly Police Station for unnatural death based on the Ext.P2 First Information Statement given by Jerin's cousin Aji Thomas. An inquest was prepared, and the body was sent for autopsy to the Government Hospital, Chalakkudy, which was performed by Dr Sindhu Krishnan, the Assistant Surgeon and her report concluded that Jerin died due to asphyxia caused by accidental drowning. No other internal or external injuries noticed on his body . As there were no reasons to suspect anything about the death, and the deceased was at that time, accompanied by his near relatives, the Sub Inspector of Police concluded his investigation and filed a Final Report before the Sub Divisional Magistrate confirming that the death of Jerin was due to accidental drowning, and that there were no circumstances to investigate further.

(3.) The petitioner was not satisfied and had his reasons to suspect his son's death. The profound grief of his only son's death prompted him to raise his objections before the Superintendent of Police, Thrissur Rural. Accordingly, further investigation was entrusted to Sri P. K. Rajan, the Deputy Superintendent of Police Chalakudy. All the alleged suspicious circumstances pointed out by the petitioner were taken into consideration by the Dy.SP but he too concluded that the death was due to accidental drowning and submitted his report before the Sub Divisional Magistrate on 25/08/2011.