2025:KER:26971 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(CRL.) NO. 1177 OF 2024 PETITIONER: MERCY SEBASTIAN AGED 47 YEARS W/O.LATE SEBASTIAN, CHRISTOPHER COTTAGE, KOVILTHOTTAM, CHAVARA P.O, KOLLAM, PIN - 691583 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH MARIYA JOSE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO THE DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM, PIN - 695014 3 CITY POLICE COMMISSIONER KOLLAM CITY, KOLLAM, PIN - 691001 4 ASSISTANT COMMISSIONER OF POLICE KARUNAGAPPALLY P.O, KOLLAM CITY, 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 2 KOLLAM, PIN - 690518 5 STATION HOUSE OFFICER CHAVARA POLICE STATION, CHAVARA P.O, KOLLAM DISTRICT, PIN - 691583 BY ADV. SMT.SREEJA V., SENIOR PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 3 JUDGMENT The petitioner is the widow of one Sebastian who died in a motor accident on 19.02.2021 in front of KMML Guest House at Chavara. The deceased was travelling on his cycle through the highway from KMML Junction to Chavara Junction from north to south. He was hit by a police vehicle which came in the same direction. The Chavara Police registered the crime as Crime No.148/2021. After the investigation, initially the police filed a refer report. The petitioner approached this Court by filing W.P.(Crl.) No.1086/2022 seeking further investigation. It was allowed and the Assistant Commissioner of Police, Karunagappally, who is arrayed as the 4th respondent, was directed to conduct further investigation. After further investigation, he again filed a refer report which is marked as Ext.P7. According to the petitioner, both reports were filed only to save the driver of the offending vehicle who is a police officer. It is in these circumstances, the petitioner has again approached this Court to give a direction to the respondents 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 4 1 to 3 to hand over the investigation to the Crime Branch Wing of the Kerala Police with a direction to conduct effective and impartial further investigation in the matter. 2. I have heard Adv. Anjana Kannath, the learned counsel for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor. 3. The learned counsel for the petitioner submitted that the police conducted only a name sake and farce investigation so as to refer the matter to exonerate the offending police driver in the crime. The counsel further submitted that the CCTV footage available near to the place of occurrence clearly establishes that the accident occurred due to the negligence of the driver of the police vehicle. The counsel also submitted that two occurrence witnesses namely Santhosh Kumar and Pradeep clearly stated that the accident occurred due to the rash and negligent driving of the offending police vehicle and their statements were discarded without any valid reason. On the other hand, the learned Senior Public Prosecutor submitted that a detailed 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 5 investigation was conducted twice and it was found that the accident occurred when the deceased suddenly attempted to cross the road. The learned Public Prosecutor further submitted that three independent witnesses supported the said version. 4. I have perused the entire records. The learned Public Prosecutor made available to me the pendrive which contains the CCTV footage of the place of occurrence at the time of the accident. In the CCTV footage the deceased was found pedaling through the road margin from north to south on the eastern side of the highway and immediately within few seconds, the police vehicle was seen passing the camera just behind the bicycle and the people were rushing to the place of occurrence. The cycle passed the KMML guest house, where the CCTV was installed, at 15:33:37 on 19.02.2021, the police vehicle passed the same point at 15:33:42 and thus the difference is 5 seconds. In all probability, the deceased had no occasion to stop the cycle, get off from it and cross the road by holding the cycle within 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 6 the said 5 seconds as projected by the prosecution. In Ext.P7 final report, the statements of two occurrence witnesses namely Santhosh Kumar and Pradeep are mentioned. They were travelling on the road in a motorbike at the time of the incident. They stated that the police vehicle came behind the cycle and hit down the deceased. They have no case that the incident occurred when the deceased suddenly tried to cross the road. However, the statement of Pradeep was discarded for the reason that his mobile tower location at the relevant time showed that he was at the mobile tower at Panmana whereas the incident occurred under the mobile tower at KMML. The learned counsel for the petitioner submitted that both towers are situated adjacently and the mobile signal from both towers are available in the place of occurrence. So far as Santhosh Kumar is concerned, the version in Ext.P7 is that he was at his work place from morning to evening. However, the possibility that he came out of the work place and travelled through the road on his motor bike as spoken by him cannot be ruled out. 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 7 5. For these reasons, I am of the view that the matter requires further investigation. Since the offending vehicle is a police vehicle, the further investigation should be entrusted to the Crime Branch. Hence, the 3rd respondent is directed to hand over the investigation in Crime No.148/2021 of Chavara Police Station to the Kollam District Crime Branch. The Kollam District Crime Branch is directed to conduct further investigation and to submit the final report, in accordance with law. The writ petition is disposed of accordingly. Sd/- DR. KAUSER EDAPPAGATH JUDGE BR/AS 2025:KER:26971 W.P.(CRL) NO.1177 OF 2024 8 APPENDIX OF WP(CRL.) 1177/2024 PETITIONER’S EXHIBITS Exhibit P1 THE TRUE COPY OF FIR IN CRIME NO.148/2021 OF CHAVARA POLICE STATION DATED 19.2.2021 ALONG WITH TYPED COPY OF FIS Exhibit P2 THE TRUE COPY OF REFER REPORT SUBMITTED BY THE 5TH RESPONDENT IN CRIME NO.148/2021 OF CHAVARA POLICE STATION DATED 31.8.2021 Exhibit P3 THE TRUE COPY OF COMPLAINT SEEKING PROPER INVESTIGATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 08.04.2021 ALONG WITH THE ACKNOWLEDGMENT CARD Exhibit P4 THE TRUE COPY OF COMMUNICATION DATED NIL ISSUED FROM THE OFFICE OF THE ASST. COMMISSIONER OF POLICE, KARUNAGAPPALLY Exhibit P5 THE TRUE COPY OF REPRESENTATION DATED 15.4.2021 SUBMITTED BEFORE THE GOVERNMENT THROUGH THE CHIEF SECRETARY ALONG WITH ACKNOWLEDGMENT CARD Exhibit P6 THE TRUE COPY OF ORDER DATED 31.1.2023 IN W.P.(CRL) NO.1086/2022 Exhibit P7 THE COPY OF FINAL REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 14.5.2024 BEFORE THE GRAMA NYAYALAYA, CHAVARA Exhibit P8 THE TRUE COPY OF SCENE MAHAZAR DATED 19.2.2021 PREPARED BY THE 5TH RESPONDENT IN CRIME NO.148/2021 OF CHAVARA POLICE STATION RESPONDENTS’ EXHIBITS: NIL