Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(C) NO. 4893 OF 2013 PETITIONER: MELLO JOSEPH AGED 43 YEARS S/O. JOSEPH, RESIDING AT KALLIDUKKIL HOUSE, KALAYANTHANI.P.O., ALAKKODE, IDUKKI DISTRICT. BY ADV SRI.JOICE GEORGE RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARAT, THIRUVANANTHAPURAM-695001. 2 THE DEPUTY INSPECTOR GENERAL OF POLICE OFFICE OF THE DEPUTY INSPECTOR GENERAL OF POLICE, KANNUR.P.O., KANNUR-673003. 3 THE DISTRICT POLICE CHIEF KOZHIKODE RURAL OFFICE OF THE DISTRICT POLICE CHIEF, KOZHIKODE RURAL, KOZHIKODE DISTRICT-673001. 4 THE DEPUTY SUPERINTENDENT OF POLICE THAMARASSERY, THAMARASSERY.P.O., KOZHIKODE-673003. 5 THE SUB INSPECTOR OF POLICE MUKKAM, MUKKAM POLICE STATION, KOZHIKODE DISTRICT-673011. BY ADV GOVERNMENT PLEADER OTHER PRESENT: ADV. RENJITH. T. R - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J --------------------------------------- -------------------------------------- Dated this the 3rd day of January, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
(i) “to issue a writ of mandamus or any other
appropriate writ, order or direction directing the 1st respondent to take necessary steps to conduct a fair and effective investigation in Crime No. 478/2011 of Mukkam Police Station including the transfer of case to another agency or to constitute a special investigation team including efficient officers having unimpeachable integrity
(ii) to issue a writ of mandamus or any other
appropriate writ, order or direction directing the 2nd respondent, Deputy Inspector General of Police, Kannur to initiate necessary steps to supervise and conduct the investigation in Crime No. 478/2011 of Mukkam Police Station in an effective manner.
(iii) to grant such other relief as this Honourable Court may deem fit in the facts and circumstances of the case.” [SIC]
2. The petitioner is aggrieved by the investigation
conducted in Crime No.478/2011 by the Mukkam Police Station. It is the case of the petitioner that, on 19.12.2011 at about 8.30 P.M., Miss. Neema Mello aged 19 years, who was a IInd year B.Sc.Nursing student of K.M.C.T. Medical College Mambatta, attempted to commit suicide by hanging on the fan of the hostel room of the College and succumbed to the injuries, when she was in treatment on 22.12.2011 at 1.35 P.M. The petitioner apprehends that there is suspicion to the death of the daughter. Hence this writ petition.
3. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader.
4. A statement is filed by the 4th respondent as directed by this Court. It will better to extract the relevant portion of the same:
"5. So far in this case 66 witnesses were questioned and all the suspicions raised by the petitioner were looked into by the investigation officer. The investigation revealed the following facts.
6. Neema Mello, the daughter of the petitioner in the
Writ Petition was a 2nd B.Sc Nursing student at KMCT Medical College, Mambatta. She was in deep love with one Siyad aged 22, who was working on bond in the College after completing General Nursing Midwifery Course there. On 14.12.2011 the students of 2nd year B.Sc Nursing of the College went for an excursion to Bangalore, Mysore and Ootty, the deceased also went for the excursion along with her friends. On the way the
deceased was sitting in a seat along with one Jithin, who was her classmate and Jithin happened to sleep on her shoulder. Seeing this some of her friends suspected to be Aswathi and Suwarna took a photograph of it for fun. The photo was sent to others along with the other photos they have taken to their friends, who came for the excursion. They came back to their college after their tour on 18.12.2011 and started routine studies on 19.12.2011. On the day the deceased came to know of the photo. Some of her friends especially her close friend Ajmi accused her for her intimate behavior towards Jithin even though she was in love with Siyad. She was very much aggrieved by the photo and indictment. She applied for leave by noon for the rest of the day to their Principal stating that she is suffering from headache. She went to her room and hanged herself from a ceiling fan using her churidar shawl. Just before her attempt she telephoned Siyad and said good bye. Feeling some danger Siyad who was on duty asked some of his friends to go to her room and see what is happening. But they did not go there as they were engaged in some other works. By about 3 PM. Anjusha, roommate of the deceased along with Lima Saviour and Nasni went to their hostel for taking some cash from their rooms for purchasing something. Anjusha knocked at her room calling Neema, but there was no response. Hostel warden and other students came there; one Sali looked into the room through ventilator and found Neema hanging. By the time some boys also came there broke open the door untied the girl and took her to the hospital nearby. She succumbed to the injuries on 22.12.2011.
5. The following suspicions were raised by the relatives during the investigation. Their suspicions and finding are as given below:
1. The death of Neema is a murder, it is not a suicide. The post-mortem findings are consistent with death due to hanging. There was no signs of injuries other than due to hanging and those happened during the treatment like application of mask, ventilators and tubes.
2. The shawl used for hanging does not belong to the deceased. The investigation revealed that the shawl belongs to the deceased.
3. The behaviour of the warden and other students who came to the room at the time of the incident was abnormal. Instead of cutting the shawl they untied the ligature knot. The investigation did not reveal any abnormal behavior from the persons who came there soon after the incident. The door was broken and the deceased was taken down in the present of several persons.
4. The deceased cannot reach the fan for tying the ligature. A table is seen used as stepping device for the purpose.
5. There are no symptoms of contact of the shawl in the fan. The dust in the fan is not seen disturbed. No dust is found in the fan.
6. There was soil on the dress worn by the deceased at the time of the incident. No such dirt is found in the dress.
7. Neema committed suicide as a result of black mailing by her classmates and some others. No evidence of blackmailing could be collected during the investigation.
6. The investigation so far revealed no incriminating evidence regarding any offence on the part of the classmates of the deceased or other persons in the
death of Neema Mello, the daughter of the petitioner. She committed suicide due to the guilty feeling that she behaved so intimately to Jithin, her classmate during the excursion, that, if Siyad, her lover come to know about it, he would dislike her. She was aggrieved by the fact that her classmates took her photographs along with Jithin and it was circulated among them. Besides, some of her friends blamed her of her behavior towards Jithin.” [SIC]
5. In the light of the above statement, no further
order is necessary. The Investigating Officer conducted a
proper investigation and there is nothing to interfere with the investigation. In such circumstances, there is no merit in this writ petition. Therefore, this writ petition is dismissed. Sd/- P.V.KUNHIKRISHNAN JUDGE TR APPENDIX OF WP(C) 4893/2013 PETITIONER EXHIBITS EXHIBIT P1. True copy of the complaint filed by Sojo Kallidukkil before the 5th respondent dated 20-12-2011. EXHIBIT P2. True copy of the receipt No. 797/11 dated 20-12-2011 issued by the 5th respondent evidencing the receipt of Ext. Pl. EXHIBIT P3 True copy of the First Information Report and First Information Statement in Crime No. 478/2011. EXHIBIT P4 True copy of the inquest report in Crime No. 478/2011 dated 22-12-2011 prepared by the 4th respondent EXHIBIT P5 True copy of the postmortem report dated
23-12-2011 prepared by the Professor and Police Surgeon, Department of Forensic Medicine, Government Medical College, Kozhikode.
EXHIBIT P6 True copy of the photographs showing the injuries on the face of the deceased. EXHIBIT P7 True copy of the complaint dated 26-12- 2011 submitted by the petitioner before the 2nd respondent. EXHIBIT P8 True copy of the representation dated 25.01-2012 filed by the petitioner before the 2nd respondent. EXHIBIT P9 True copy of the representation dated 09- 01-2013 filed by the petitioner before the Chief Minister of Kerala.