JUDGMENT

Petitioner is the son of Ramesh, who was a noted cine and serial actor, who was found hanging at his residence at Thaikkad village, within Thampanoor police station limits, on

10.09.2021. He was immediately rushed to the PRS Hospital where, after subjecting him to CPR for about 15 minutes, there was no improvement in the pulse rate and at last, the doctor said that he had died about 1 1 / 2 hours before. On the basis of the First Information Statement given by Sruthy, the daughter of the second wife of Ramesh, Crime No. 1689/2021 of Thambanoor police station was registered under Section 174 of the Code of Criminal Procedure. During the course of investigation, the petitioner has moved this Court seeking the following reliefs:-

“A. to issue a writ of mandamus or direction, directing the third respondent to take over the investigation in Ext.P2 Crime No. 1689/2021 of Thampanoor Police Station, Thiruvananthapuram District now being investigated by the 4 th respondent and conduct an effective and unbiased investigation, including handing over the investigation to CBCID headed by an officer not below the rank of a Deputy Superintendent of Police and known for honesty, integrity and expertise in investigation under the direct supervision of an IPS officer and to file final report complying with all the legal formalities;

B. to issue writ of mandamus or direction, directing the third respondent to consider Ext.P7 representation and to take necessary steps in Ext. P2 Crime No. 1689/2021 of Thampanoor police station, Thiruvananthapuram District, now being investigated by the fourth respondent, for fair and proper investigation.”

2. The petitioner contends that at the time of death of his father, he was abroad, in Canada. The mother of the petitioner had died on 27.04.2018. Thereafter, his father entered into a second marriage with Minimol on 21.06.2019. The petitioner had married Arya on 23.04.2020. On

08.05.2020, under Ext.P1 settlement deed, his father settled seven cents of property and a house building in his favour and now it is in his possession and enjoyment. According to him, the father was suffering very cruel treatment at the hands of Minimol and her daughter. They used to harass his father. They wanted the property of the father to be settled in favour of Sruthy, the daughter of his step mother. Moreover, 82 sovereigns of gold belonged to the deceased mother of the petitioner is missing. At the time of death, father was wearing a navaratna ring and also a gold bangle weighing four sovereigns which were removed by Minimol and her daughter. After the death of the father, an amount of Rs. 26,000/- was withdrawn by them using the ATM card of the father. Thus, the father had died of the harassment meted out by Minimol and her daughter. Even though he had made complaints to the fourth respondent alleging harassment, which made the father to commit suicide, proper investigation is not being conducted. Moreover, the fourth respondent is pressurizing the petitioner to settle the matter with Minimol and her daughter. They are also threatening that they will foist false cases against him and his wife, so as to prevent them from going abroad. Even though complaints were given to the third respondent, no action has been taken, that the Investigating Officer is conducting investigation in a biased and arbitrary manner and hence, he has moved this Court seeking the above stated reliefs.

3. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.

4. The learned Senior Public Prosecutor caused the Investigating Officer to file a statement. In the statement, it is stated that the crime was registered on 11.09.2021 on the First Information furnished by Sruthy, daughter of Minimol, second wife of the deceased as Crime No. 1689/2021 under