Kerala High Court
State Of Kerala Represented By The ... vs Sobhana on 4 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:19798
CRL.MC NO. 8826 OF 2022
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 4TH DAY OF MARCH 2026 / 13TH PHALGUNA, 1947
CRL.MC NO. 8826 OF 2022
CRIME NO.436/CB/IDK/R/2019 OF CBCID, IDUKKI, IDUKKI
AGAINST THE ORDER IN CRRP NO.6 OF 2021 OF DISTRICT
COURT & SESSIONS COURT/RENT CONTROL APPELLATE AUTHORITY,
THODUPUZHA ARISING OUT OF THE ORDER DATED IN CMP NO.3198 OF
2021 OF CHIEF JUDICIAL MAGISTRATE ,THODUPUZHA
PETITIONER:
STATE OF KERALA
REPRESENTED BY THE DETECTIVE INSPECTOR,
CRIME BRANCH, IDUKKI,
REPRESENTED BY THE ADDITIONAL PUBLIC PROSECUTOR,
HIGH COURT OF KERALA
ADDITIONAL PUBLIC PROSECUTOR,
OFFICE OF THE ADVOCATE GENERAL,
ERNAKULAM, PIN - 682031
BY ADV PUBLIC PROSECUTOR
RESPONDENTS:
SOBHANA
AGED 63 YEARS
D/O KRISHNAN, KALLOOR HOUSE,
MANJIKALLU BHAGAOM, CHEENIKUZHI PO,
THODUPUZHA, IDUKKU DISTRICT, PIN - 685595
2026:KER:19798
CRL.MC NO. 8826 OF 2022
2
BY ADVS.
SRI.DINESH MATHEW J.MURICKEN
SHRI.K.A.ABHILASH
SRI.VINOD S. PILLAI
SHRI.MOHAMMED THAYIB N.M.
SMT.NAYANA VARGHESE
SHRI.AHAMMAD SACHIN K.
PP SRI M P PRASANTH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 04.03.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2026:KER:19798
CRL.MC NO. 8826 OF 2022
3
C.S.DIAS, J.
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Crl.M.C. No. 8826 of 2022
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Dated this the 04th day of March, 2026
ORDER
The State is before this Court aggrieved by the order passed by the Court of the Judicial Magistrate of First Class-I, Thodupuzha ('learned Magistrate', in short), rejecting the request of the Investigating Officer in Crime No.436/CB/IDK/R/2019 of the Crime Branch, Idukki, to subject the respondent to a Polygraph test. The said order was confirmed by the Court of Session, Thodupuzha, in Crl.R.P.No.6/2021. It is against the concurrent findings that the present Criminal Miscellaneous Case is filed.
2. To cut the long story short, on 23.05.2018, a person named Biju, who is the son-in- law of the respondent, died under suspicious circumstances. Though Crime No.356/2018 was 2026:KER:19798 CRL.MC NO. 8826 OF 2022 4 registered by the Karimannoor Police Station under Section 174 of Cr.P.C, on a request made by the father of the deceased, the investigation was transferred to the present Investigating Officer, who, in turn, conducted a re-postmortem of the deceased and found the deceased had suffered blunt injuries on his neck. Suspecting the respondent and her daughter - the mother-in-law and the wife of the deceased - the Investigating Officer filed an application to conduct the polygraph test of the respondent and her daughter. The learned Magistrate, by Annexure C order, partly allowed the application by permitting the wife of the deceased to be subjected to the polygraph test. However, the respondent's polygraph test was permitted to be conducted only if she was physically fit to undergo the test. Aggrieved by the said order, the State preferred Crl.R.P.No. 6/2021 before the Court of Sessions. Nonetheless, by Annexure D order, the learned Sessions Judge dismissed the revision petition, 2026:KER:19798 CRL.MC NO. 8826 OF 2022 5 confirming Annexure C order. It is assailing Annexures C and D orders, the present Crl.M.C is filed.
3. I have heard the learned Public Prosecutor and the learned counsel appearing for the respondent.
4. Crime No.356/2018 was registered by the Karimannoor Police Station, suspecting the death of Biju to be a homicide. Subsequently, the investigation was transferred to the present Investigating Officer in the year 2019. It is at that juncture that the Investigating Officer filed an application to conduct a polygraph test on the respondent and her daughter. The learned Magistrate, after considering the report of the Junior Consultant General Medicine of the District Hospital, Thodupuzha, and on finding that the respondent is having an elevated blood pressure, opined that it would be detrimental to the respondent's health to conduct the polygraph test. Accepting he above opinion, the 2026:KER:19798 CRL.MC NO. 8826 OF 2022 6 learned Magistrate passed Annexure C order, which was confirmed by Annexure D order.
5. In Selvi and others V. State of Karnataka [2010 (2) KHC 412], the Hon'ble Supreme Court has held that no individual can be forcefully subjected to narco analysis, brain mapping, or polygraph test without his/her consent in a criminal case.
6. In the instant case, the respondent had submitted Annexure B conditional consent dated 19.09.2021, that a polygraph test can be conducted on her, subject to her health condition. The State does not have a case that the health of the respondent has improved after Annexures C and D orders. In fact, due to the passage of time, the respondent has now attained the age of 67 years. The investigation in the case has been stalled for the sole purpose of conducting the polygraph test of the respondent.
7. On an overall consideration of the facts, 2026:KER:19798 CRL.MC NO. 8826 OF 2022 7 materials on record and the findings arrived at in Annexures C and D orders, I do not find any error or illegality in the above orders warranting interference by this Court under Section 482 of Cr.P.C. I hasten to observe that, the investigation of the case is hanging in balance since 2019 just for the want of the polygraph test of the respondent. It is beyond human comprehension whether the respondent may regain her health in the near future.
The Crl.M.C is devoid of merits and consequently, dismissed. Nonetheless, the Investigating Officer is directed to complete the investigation as expeditiously as possible.
Sd/-
C.S.DIAS, JUDGE SPV 2026:KER:19798 CRL.MC NO. 8826 OF 2022 8 APPENDIX OF CRL.MC NO. 8826 OF 2022 PETITIONER ANNEXURES ANNEXURE A COPY OF POSTMORTEM CERTIFICATE DTD 23- 10-2020 ANNEXURE B COPY OF WRITTEN CONSENT GIVEN BY THE RESPONDENT ANNEXURE C TRUE COPY OF THE ORDER DTD 06-11-2021 IN CMP 3198/2021 OF THE JFCMC - 1, THODUPUZHA ANNEXURE D TRUE COPY OF THE ORDER DTD 19-08-2022 IN CRL. R P 6/2021 OF THE COURT OF SESSIONS JUDGE, THODUPUZHA