MANUAL THOMAS KAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner's son Thomas M. Kappan aged 22 years sustained serious injuries when the car of which he was the driver dashed against a tipper lorry at Changaramkulam at 5 a.m. on 31.12.2017. The injured lost his life at a hospital. On 01.01.2018 at 3.53 p.m. Crime No.1/2018 was registered at Changaramkulam Police Station for the offences under Sections 279, 304A and 337 IPC. The FIR discloses that it was rash and reckless driving of the car by deceased that caused the accident. The prayer in this writ petition is to direct the 2nd respondent the State Police Chief to entrust the investigation to an officer not below the rank of Dy.S.P. The ground is that the investigation has been dishonest every document in the case diary including the FI Statement is a manipulated one.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor and the 4th respondent Sub Inspector of Police who appeared in person pursuant to the directions issued by this Court.

(3.) The learned counsel for the petitioner submits that immediately after the incident the police came to the spot, which has been suppressed in the prosecution in the case diary. It is seen from the FIR that the place of occurrence was just 3 kms from the police station. The incident happened at 5 a.m on 31.12.2017. There is no dispute that the deceased who was driving the car sustained very serious injuries and it was with much difficulty he was extricated from the damaged car. Local people had assembled at the place of occurrence. The facts indicate that the police had certainly known about the incident immediately after the occurrence. But the case was registered more than 34 hours after the occurrence. The informant is said to be a distant relative of the deceased. Admittedly, he was not present at the place of occurrence. He was a resident of Kanhangad about 250 kms from the place of occurrence. He has no case that he has any direct knowledge about the occurrence. Still the police allegedly recorded his statement that the incident happened because of the reckless driving of the deceased. The submission of the learned counsel for the petitioner is that the person who is shown as the first informant went to the police station on the next day of occurrence to hand over the intimation issued from the hospital where the death of the injured took place and the police obtained from him a signed blank paper and the document which is said to be the FI Statement now available in the case diary was written upon the signed blank paper without his knowledge. I have perused the FI Statement. Its appearance indicates that the submission of the learned counsel may be true.