# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS**
**WEDNESDAY, THE 2[ND] DAY OF AUGUST 2023 / 11TH SRAVANA, 1945**
## **WP(CRL.) NO. 440 OF 2023**
## **PETITIONER :**
**SUMEET BHASKARAN, AGED 51 YEARS, S/O. LATE DR. V.P. BHASKARAN, RESIDING AT PRAKANTHI, CRA 129, OPPOSITE BHUVANESHWARI TEMPLE, CHAMPAKARA, POONITHURA POST, KOCHI, PIN – 682 301**
**BY ADVS. ANOOP JOSEPH ZERENE LINDA MITCHEL ASWANI THUVVAKKADAN PAUL P. ABRAHAM**
## **RESPONDENTS :**
|**1**|**THE STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY THE SECRETARY,**|
||**HOME AND VIGILANCE, GOVERNMENT SECRETARIAT,**|
||**THIRUVANANTHAPURAM – 695 001**|
|**2**|**DIRECTOR GENERAL OF POLICE,**|
||**THE DIRECTOR GENERAL OF POLICE AND**|
||**STATE POLICE CHIEF, POLICE HEADQUARTERS,**|
||**VAZHUTHAKAUD, THIRUVANANTHAPURAM,**|
||**PIN – 695 014**|
|**3**|**COMMISSIONER OF POLICE,**|
||**KOCHI CITY, OFFICE OF THE COMMISSIONER OF POLICE,**|
||**MARINE DRIVE, KOCHI, PIN – 682 031**|
|**4**|**THE INSPECTOR, STATION HOUSE OFFICER,**|
||**MARADU POLICE STATION,**|
||**KOCHI CITY, KOCHI, PIN – 682 304**|
**WP(CRL.) NO. 440 OF 2023**
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**THE CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY SUPERINTENDENT, CBI, 5 KATHRIKADAVU, KALOOR, KOCHI, KERALA, PIN – 682 017**
**BY SRI.C.N PRABHAKARAN, PUBLIC PROSECUTOR**
**THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WP(CRL.) NO. 440 OF 2023**
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## **BECHU KURIAN THOMAS, J.**
=-=-=-=-=-=-=-=-=-=-=-=-= **W.P.(Crl.) No.440 of 2023**
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## **Dated this the 2[nd] day of August, 2023**
## **JUDGMENT**
The petitioner's mother Smt.Sudha Bhaskaran died on 17.08.2020. Alleging that on enquiry, there were mysterious circumstances surrounding the death of his mother, which was supplemented by financial irregularities allegedly committed by his mother's brother, a complaint was filed before the Superintendent of Police, NRI Cell, Kerala. Email communications were also send to the Station House Officer of Maradu Police Station. Thereafter, when despite his repeated complaints and a crime was not registered, petitioner approached this Court in W.P.(C) No.19365 of 2021. By judgment dated 07.10.2021, this Court directed the Commissioner of Police, Kochi City or anyone authorised by him to conduct a detailed investigation into the Crime.
2. Crime No.1721 of 2021 of Maradu Police Station was thereafter registered and after investigation, a final report was laid on 25.10.2022 stating that the complaint is false.
3. Petitioner has pointed fingers at the brother of her mother and contends that several financial irregularities have been committed by him
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and that the suspicious circumstances surrounding the death of petitioner's mother has not been probed in detail by the Investigating Officer. Petitioner also alleges that the vital aspects which could have thrown light on the crime committed on his mother, was ignored by the Investigating Officer and also that, those factors would have clearly pointed out to a case of homicide. An investigation by the CBI is essential, according to the petitioner. Petitioner alleged that the events leading to the death of petitioner's mother, coupled with the motive of the brother of the deceased was not probed into at all and therefore, the defects and flaws in the investigation are in plenty, requiring a detailed probe by an independent and an impartial agency.
4. I have heard Sri.Anoop Joseph, the learned counsel for the petitioner as well as Sri.C.N.Prabhakaran, the learned Public Prosecutor. Considering the nature of allegations, I called for the case diary and perused the same meticulously.
5. Smt.Sudha Bhaskaran, petitioner's mother was living at Champakkara, Ernakulam where she died on 17.08.2020. She is survived by the petitioner and a daughter. Petitioner has been residing at Dubai with his family. The brother of Smt.Sudha Bhaskaran was always available for her assistance.
6. Pursuant to the direction in Ext.P1 judgment, Crime No.1721 of
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2021 was registered before the Maradu Police Station on 09.11.2021 for the offences under Sections 419, 420 and 201 of the Indian Penal Code, 1860. A Special Team was constituted by the Commissioner of Police, Kochi to investigate into the matter. The Investigating Team concluded that petitioner's mother died due to a disease called Pulmonary Sarcoids and other physical ailments.
7. The medical records and the statements of the doctors who treated petitioner's mother as noted from the case diary reveals that Smt.Sudha Bhaskaran was under treatment from 2009 at the AIMS Hospital, Ernakulam, for respiratory diseases. Dr.Asmitha Mehta, who treated Smt.Sudha Bhaskaran from 2015 onwards has given a statement that she was suffering from a rare illness called Sarcoids which can result in shrinking of lungs. It is also stated by the doctor that in the CT Scan taken in 2017, there was indication that her illness was aggravating and she used to come to the hospital regularly. In the year 2019, when she came with her brother, the details of her illness was specifically narrated and in February, 2020, when she came for check up, she was found to be seriously ill and had great difficulty in breathing. Due to severe illness, she was admitted in the hospital from 01.03.2020 to 09.03.2020 and that the ineffectiveness of treatment and the seriousness of the illness was all narrated by the doctor to her relatives, who were also informed that she may have to be put on ventilator support. The children of the deceased
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Smt.Sudha Bhaskaran was also informed by the doctor that the only option available was transplantation of lungs. But the children and her relatives were not in favour of such a treatment and they had informed that they will treat her at home by appointing a Home Nurse due to which they were advised to provide facilities for Oxygen support at home.
8. The petitioner has made serious allegations against the brother of Smt.Sudha Bhaskaran, who was all along providing support and care to the deceased. The Investigating Team had probed into the financial dealings also and found that there were no such irregularities and also concluded that petitioner's sister was aware about all the financial dealings and no benefit of any nature had accrued to the brother of the deceased.
9. According to the Investigating Team, on the morning of 17.08.2020, the deceased fell down in her bedroom and thereafter CW21, a doctor from the Lakshmi Hospital, Ernakulam came in and examined her and that despite repeated insistence to take her to the hospital, she was not willing. The deceased requested for water and after that was provided by the staff, she died. The Investigating Team has concluded that even for the primary requirements of the deceased, she needed support of another person and her life was maintained only through Oxygen support. It was also revealed during investigation that despite the deceased having several lakhs as bank balance, only an amount of
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Rs.10,000/- was withdrawn by her brother immediately after the death, which was done only at the direction of the sister of the petitioner for the purpose of carrying out the funeral rites. Gold was kept in the locker of the brother of the deceased at the direction of the sister of the petitioner since the deceased did not have a bank locker facility and the entire gold were found in the said locker without any misappropriation. Based on the above information revealed during investigation, it was concluded that the complaint filed at the instance of the petitioner was false.
10. A perusal of the case diary reveals that detailed investigation was conducted by the Special Investigating Team. Every aspect of the case and every allegation was specifically enquired into. The deceased, who was suffering from a rare and serious illness died due to illness. No instance of any mysterious circumstances or suspicion was revealed during investigation. The brother of the deceased is not shown to be a man wielding any influence over the investigating team.
11. Investigation by the CBI ought to be resorted to only in rare and exceptional circumstances. The request for investigation by the CBI is based upon the perception of the petitioner that the death of his mother occurred in a doubtful circumstances. The said perception has already been found to be incorrect by the Investigating Team. No tangible material has been pointed out by the petitioner to afford any credence to those perceptions or apprehensions expressed by him. There
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is nothing intriguing about the cause of death. No circumstances which raises suspicion, warranting an investigation by another agency despite the detailed investigation by the Special Investigation Team, arises in the instant case.
12. Supreme Court has held in numerous cases that the investigation by the CBI must be resorted to only in exceptional circumstances. Reference to the decision in **State of Punjab v. Davinder Pal Singh Bhullar and Others [2011 (14) SCC 770]** is apposite in this context.
13. In view of the above discussion, this Court is of the considered view that no circumstance exists to direct an investigation by the CBI and also that there is no merit in this writ petition.
The writ petition fails and is dismissed.
Sd/-
## **BECHU KURIAN THOMAS, JUDGE**
RKM
**WP(CRL.) NO. 440 OF 2023**
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## **APPENDIX OF WP(CRL.) 440/2023**
## **PETITIONER'S EXHIBITS :**
**Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 07.10.2021 IN WP(C) NO. 19365/2021 ON THE FILE OF THE HON'BLE HIGH COURT OF KERALA**
**Exhibit P2**
**A TRUE COPY OF THE FINAL REPORT DATED 31.10.2022 FURNISHED BY THE S.H.O., MARADU POLICE STATION BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT NO. VIII, ERNAKULAM**
**Exhibit P3 Series THE TRUE COPY OF THE STATEMENTS OF WITNESSES SUBMITTED BY THE RESPONDENT NO.4 BEFORE THE HON'BLE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-VIII, ERNAKULAM (STATEMENTS OF 28 WITNESSES)**
