The court confirmed that no additional investigation was warranted based on the existing thorough inquiries into the death classified as suicide.

JUDGMENT

The petitioner's son, one Anil Kumar was found dead on the railway track at Madivayal in Pilicode Village on 4.11.2003 at about 08.00 hours. Chandera Police, Kasargod registered Crime No.289/2003 as unnatural death. After investigation, final report was submitted to the Sub Divisional Magistrate Court, Kasargod holding that it was a case of suicide. Thereafter, on the complaint of the petitioner, the case was reopened and Deputy Superintendent of Police, Kanhangad conducted further investigation. He also submitted final report on 30.3.2005 to the Sub Divisional Magistrate stating that the death is “suicide by train run over”. According to the petitioner, no proper investigation was conducted into the death of his son. It is alleged that it was not a case of suicide, but homicide. Hence, the petitioner gave Ext.P9 representation to the Chief Minister of Kerala to hand over the investigation to the CBI. The respondent No.1 gave Ext.P10 reply to the petitioner stating that proper investigation was conducted and investigation cannot be handed over to the CBI. This writ petition has been filed with a prayer to quash Ext.P10 and to give a direction to the respondent No.2 to conduct re-investigation in Crime No.289/2003 of Chandera Police Station, Kasargod.

2. I have heard the learned counsel for the petitioner and the learned Public Prosecutor. I have also perused the final report.

3. A detailed statement of facts have been filed by the Station House Officer, Chandera Police Station. I went through the statement of facts as well.

4. A perusal of the final report would show that a detailed investigation was conducted by the investigating officer initially and by the Deputy Superintendent of Police subsequently. Thirty three witnesses were questioned which included the relatives and close friends of the deceased. During the investigation it was revealed that the deceased had an illicit relationship with one Mrs. Kairali and he had visited her house on 3.11.2003 at 12.00 hours when her husband and son were not there. The investigation revealed that later on her husband reached the house and the deceased and Mrs. Kairali were caught red handed. The petitioner has raised a suspicion that the husband of Mrs.Kairali was behind the death of his son. The investigating officer conducted investigation in that line as well. Both Mrs.Kairali and her husband were questioned. The investigation revealed that due to mental stress of the above incident, the deceased committed suicide. On going through the entire records, I am of the view that proper investigation was conducted in this case twice and hence no purpose will be served in ordering re-investigation.

The writ petition is therefore dismissed.