IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH TUESDAY, THE 4^TH DAY OF MARCH 2025 / 13TH PHALGUNA, 1946 WP(CRL.) NO. 1169 OF 2024 CRIME NO.626/2017 OF CHERUTHURUTHY POLICE STATION, THRISSUR PETITIONER:

T. SANTHAKUMARI AGED 66 YEARS, W/O K.RAMANKUTTY, GIREESH VIHAR, CHERPULASSERY, PALAKKAD, KERALA,, PIN - 680001 BY ADV M.SHAJNA RESPONDENTS:

1 STATE POLICE CHIEF POLICE HEAD QUARTERS, THRISSUR., PIN - 695001

2 DEPUTY INSPECTOR GENERAL OF POLICE THRISSUR RANGE, OFFICE OF THE D.I.G OF POLICE, THRISSUR., PIN - 680003

3 SUPERINTENDENT OF POLICE AYYANTHOLE, THRISSUR, (KALYAN NAGAR)., PIN - 680003

4 STATION HOUSE OFFICER CHERUTHURUTHY, POLICE STATION, THRISSUR DISTRICT., PIN - 679531 BY ADV ADVOCATE GENERAL OFFICE KERALA SREEJA V., SR. PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 04.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T

The petitioner is the mother of one Gireesh aged 39 years, who died due to drowning in the Asurankundu Dam near Cheruthuruthy in Thrissur District on 17/10/2017. The police registered a crime under Section 174 of Cr.P.C. in connection with the incident. After investigation, the police filed final report stating that the death was due to accidental drowning. The incident happened when the deceased along with his two friends namely Shaji Cherupulassery and Kareem Venghara went to the Asurankundu Dam. The petitioner entertained a suspicion that it was a homicidal death at the hands of the above mentioned friends of the deceased. Hence, the petitioner gave Ext.P7 complaint before the Superintendent of Police, Thrissur requesting a proper investigation. The writ petition has been filed to give a direction to the respondent No.3 to consider Ext.P7 and to order further investigation. 2. I have heard Smt.M.Shajna, the learned counsel for the petitioner and Smt.V.Sreeja, the learned Senior Public Prosecutor.

3. The respondent No.4, the investigating officer, has filed a detailed statement.

4. The crime was registered on the basis of the complaint given by one Jayaprakash, who is the cousin brother of deceased Gireesh alleging that the deceased along with his friends Shaji and Kareem went to Asurankundu Dam on 16/10/2017 at 5.00 p.m. and went missing. Later, his dead body was recovered from the dam on the next day with the help of fire force. The postmortem examination was conducted by the Assistant Professor, Forensic Medicines and Assistant Police Surgeon, Government Medical College, Thrissur. Prior to the postmortem, inquest of the body was conducted. During the time of inquest, nobody raised any suspicion regarding the death of the deceased. During postmortem, blood, viscera, bone marrow and sample of water were preserved and sent for chemical analysis. Ext.P4 is the postmortem certificate and Ext.P5 is the chemical examiner's laboratory report. No injuries were noted in the body of the deceased in the postmortem certificate. The reason for death was due to drowning. There is nothing to suggest in the postmortem certificate that any force was applied to the deceased.

5. During the investigation, the friends of the deceased, Shaji and Kareem were thoroughly questioned. They were also subjected to polygraph test. The examination of CDR details of both of them was also conducted through Cyber Cell. But, nothing could be revealed to suspect their involvement in the incident. The chemical analysis report revealed that the deceased had consumed alcohol. During the investigation, the statement of the witnesses including the Doctor who conducted the postmortem were recorded. Since there were some discrepancies in the statement given by Shaji and Kareem, they were subjected to polygraph test. The learned Senior Public Prosecutor made available to me a copy of the polygraph examination result. In the polygraph test result, it is stated that the analysis and evaluation of polygram do not reveal deceptive responses on the questions given to