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2025 Supreme(Online)(Ker) 53346

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SAFIYA SHAJAHAN – Appellant
Versus
STATE OF KERALA – Respondent
WP(CRL.) NO. 417 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.I.V.PRAMOD, SRI.B.VINOD, SRI.K.V.SASIDHARAN, SMT.SAIRA SOURAJ P
For the Respondents: SMT.BINDU O.V.

The presence of a suicide note and lack of suspicious circumstances precludes further investigation into the death.

Headnote:This writ petition seeks further investigation into the unnatural death of the petitioner’s daughter, Shynu, found hanging in her home. The police concluded suicide, citing a note from the deceased. The court finds no grounds for further investigation, determining the death was without suspicious circumstances, dismissing the petition. The primary issue seeks the allowance for further investigation into the circumstances surrounding Shynu's suicide. The court reasons that the suicide note attributes sole responsibility to the deceased, with no evidence suggestive of external involvement. Ultimately, the petition is dismissed since no merit for further investigation is established.

Table of Content
1. circumstantial evidence surrounding shynu's death presents inconsistencies. (Para 2)
2. counterarguments highlight opposing views on the investigation. (Para 4)
3. the court finds no sufficient grounds for further investigation. (Para 5 , 6 , 7 , 8 , 9 , 10)

JUDGMENT

Dated : 28th November, 2025 This writ petition is filed under Article 226 of the Constitution of India by the mother of one Shynu, who was found hanging to death, in her matrimonial home, on 15.12.2014, praying for directing the 2nd respondent/State Police Chief to order further investigation by an agency other than the local police.

2. With respect to the above unnatural death of the daughter of the petitioner, crime No.1356/2014 was registered by Mundakayam police under Section 174 Cr.P.C. Shynu was a B.Tech holder and her marriage was solemnized on 14.4.2013. After the marriage she was residing in her matrimonial home and a girl child was born in that wedlock. During November 2014, her husband left India in connection with his employment. At about 6.00 p.m on 15.12.2014 the brother of her husband informed the petitioner's husband that Shynu committed suicide while there was nobody else in the house. According to the petitioner, at about 3.00 p.m on the same day she had talked over phone to the deceased and at that time, she was happy and there was no reason for her to commit suicide. According to the petitioner, there are several suspicious circumstances surrounding the death of her daughter. 3. One such circumstance relied upon by the petitioner is that, the mother-in-law and brother-in-law of the deceased told the petitioner's husband that they entered the house after the incident by breaking open the back door in the presence of neighbouors. But the local people told her that they were informed about the death after the family members entered inside the house and also that the back door was not broke open. Though the mother-in-law and brother-in-law of the deceased went to attend a function arranged by the former students, the brother-in-law returned home after dropping the mother-in-law. It is also alleged that the eyes of the deceased were closed and blood stains were present at her vaginal orifice, which are suspicious circumstances, it is contended. Therefore, the petitioner prayed for conducting further investigation regarding the death of Shynu.

4. The learned Public Prosecutor submitted that there was no suspicious circumstances regarding the suicide of Shynu. The learned Public Prosecutor would submit that at the time of the alleged incident there was nobody else in the house other than the deceased. Relying upon the contents of the suicide note prepared by the deceased, it was submitted that, there are no suspicious circumstances in this case.

5. Now the point that arise for consideration is the following :-

Whether the prayer for further investigation is liable to be allowed ?

6. The police registered crime No.1356/2014 on the basis of the FI statement given by the father of the deceased. In the FI statement also two suspicious circumstances were raised by the petitioner's husband. One is that the information received by them was that, after the incident the back door of the house was broke open in the presence of the neighbourse, while the neighbours told them that they reached the home only after the relatives entered inside the house. The other suspicious circumstance alleged is that though the mother-in-law and brother-in-law of the deceased went for a function at 3.30 p.m on the same day, he suspects that the brother-in-law of the deceased returned home in the meantime.

7. From the statement given by one Valsamma, the neighbour of the deceased, it is revealed that at about 6 p.m. when she along with her husband reached the residence of the deceased on hearing the hue and cry of the mother- in-law of the deceased, the back door of the house was locked and it was broke open in their presence. Thereafter, when they entered inside the h

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