The court ruled that the presence of significant evidence indicating homicide necessitated a CBI investigation into the suspicious death, overriding initial police conclusions of suicide.

JUDGMENT

The distressed father of a 28 year old boy, who was found dead near the railway track close to the level crossing at Ottakapilmavu railway gate on 03.06.2017 at 5.30 am in a suspicious circumstance, is before this Court seeking CBI probe into the unnatural death of his only son.

2. The deceased son of the petitioner, namely, Gautam Vijayakumar was an Engineering graduate who was running a business at Technopark, Thiruvananthapuram. According to the petitioner, on the fateful day, i.e., on 02.06.2017 at about 7.15 pm, the deceased left his house at Thiruvathuckal, Kottayam in his Maruthi Suzuki Brezza car bearing registration No.KL 05 AP 6465 to meet his friend Prashob, who was running a shop at Pulimoottil Junction, Kottayam. It is alleged that at about 8.05 pm, he telephoned his mother on the mobile phone stating that he was on his way back. However, the deceased never returned home, nor was anything heard from him thereafter. On enquiring with his friend Prashob, the petitioner was informed that his son left the shop of Prashob in his car alone to home at about 8 pm. As the whereabouts of his son could not be traced out, the petitioner preferred a complaint before the Kottayam West Police Station, based on which Ext.P1 FIR was registered.

3. On 03.06.2017, the body of the petitioner's son was found on the railway track close to the level crossing at Ottakapilmavu railway gate near Carithas Hospital, Kottayam. The car of the deceased was found parked at about 240 meters away from the said level crossing. Blood was found all over the front seat as well as on the rear seat of the car and a knife blade (box cutter) covered in blood was found on the rear seat of the car.

4. The inquest was carried out on 03.06.2017 at 10.30 am and the postmortem examination was carried out on 03.06.2017 between 1.30 pm and 3.10 pm. The postmortem report showed that the cause of death was on account of the injuries sustained to the neck and chest. Initially, the FIR was registered under Section 57 of the Kerala Police Act and later on, altered to Section 174 of the Cr.P.C. The investigation was handed over to the Crime Branch. After the investigation, the Crime Branch filed a final report stating that it was a case of suicide. It was concluded that the wounds were self inflicted and the deceased had taken his own life by jumping in front of a moving train.

5. The petitioner had approached this Court seeking proper investigation even before the filing of the final report. After filing of the final report, the Writ Petition was amended with a prayer to hand over the investigation to the 4^th respondent/CBI for an effective and meaningful investigation.

6. I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned Special Public Prosecutor for the CBI.

7. The learned counsel for the petitioner submitted that this is a case where it is evident from the records such as mahazar, inquest report and postmortem report that it is a clear case of homicide. However, without applying mind and without conducting any investigation at all, the local Police filed a final report stating that it is a case of suicide. The learned counsel further submitted that the petitioner has lost his only son way back in 2017. It is submitted that this is a fit case where the CBI investigation is to be ordered. On the other hand, the learned Special Public Prosecutor for CBI opposed the plea. It is submitted that CBI investigation cannot be ordered as a matter of course and that this is not a case where CBI investigation is warranted. The learned Special Public Prosecutor for CBI further submitted that the incident took place before seven years and no purpose will be served now in handing over the investigation to the CBI. The learned Public Prosecutor, in view of the statement of the Additional Director General of Police, Crime Branch dated 24.11.2023 filed as per the direction of this Court submitted that appropriate orders may be issu