Sunil Thomas, J. - (1.)Petitioner herein, dissatisfied with the investigation in Crime No.471 of 2018 of Thiruvallam Police Station for offences punishable under sections 366, 328, 376A and 376D, 302, 201 of the Indian Penal Code and Section 20(b) of NDPS Act, involving the death of a Latvian national (hereinafter referred to as the "victim" to maintain anonymity) has approached this Court.
(2.)The victim came to India along with her sister as a tourist, sometime in March 2018. They joined a treatment programme in an Ayurvedic Centre in Thiruvananthapuram. While so, on 14.03.2018, when her sister went for meditation and treatment, the victim is stated to have voluntarily left the Ayurvedic Centre without informing others. She could not be located thereafter. The sister conducted initial enquiry and thereafter lodged a complaint with the Pothencode police. Crime was registered for man missing. Investigation revealed that the victim had proceeded to Kovalam in an autorikshaw. Extensive search was undertaken thereafter at various places to locate her. Her photographs were affixed at various conspicuous parts of the city and elsewhere. Intimation was also given to various police stations. In the meanwhile, petitioner herein, who is claimed to be a citizen of Ireland and had a live-in relationship with the victim, joined the sister of the victim in the search. He claimed that, he had been living with the victim in Ireland since July 2014 and as per the common law in Ireland, that relationship is recognized as one of husband and wife relation. On 20.03.2018, the sister of the victim met the DGP and requested him to ensure an effective investigation. Again, the petitioner along with the sister met the DGP on 23.03.2018. A special team of police officers was constituted for search and investigation. While so, the body of the victim, in an advanced stage of decomposition, was located on 20.04.2018, in a marshy mangrove forest in Thiruvallam. The place was about 5 kms away from Kovalam and stated to be not very easily accessible to public. Crime was registered by the Thiruvallam police as Crime No.471 of 2018 under section 174 Cr.P.C for unnatural death. Inquest and postmortem were conducted. Postmortem revealed that the victim had died of blunt injuries sustained to her neck. Investigation led to the arrest of two persons, who were locals and stated to be involved in various offences and drug trafficking.
(3.)On 06.06.2018, petitioner submitted Ext.P4 representation to the Chief Minister, requesting for a CBI investigation on the ground that the investigation conducted till then was not satisfactory to inspire confidence and that, there were several missing links in the course of investigation. According to the petitioner, the present accused alone might not be the real accused. The petitioner relied on five specific grounds mentioned in Ext.P4 as the reasons for doubting the investigation conducted till now.