Kerala High Court directs CBI to conduct further probe into death of violinist Balabhaskar

The Kerala High Court on Friday directed the Central Bureau of Investigation (CBI) to conduct a further probe into an accident on the NH 66, near CRPF camp, Pallipuram, Thiruvananthapuram, in 2018 which killed violinist Balabhaskar and his 18-month-old daughter and injured his wife.

It has set aside an order passed by the Chief Judicial Magistrate Court, Thiruvananthapuram, in 2025 that had declined further investigation into the accident. The vehicle in which Balabhaskar and his family were travelling, driven by Arjun K. Narayanan (who reportedly had criminal antecedents), had rammed a tree at reportedly 94 kmph speed.

A Bench of Justice G. Girish on Friday directed the CBI to pass necessary orders within two weeks entrusting the further investigation in the case with an officer of proven integrity, not below the rank of Additional Superintendent of Police. The court was hearing a plea by Balabhaskar’s parents, K.C. Unni and B. Santhakumari, challenging the magistrate court order.

During the hearing, the High Court termed it ‘unfortunate’ that the CBI, which was expected to ponder on 20 suspicious circumstances (pertaining to the accident), took the matter in a casual and lackadaisical manner, and deputed an inspector, who was lower in rank to the earlier investigating officer, to conduct the further investigation. The course of procedure adopted by the CBI inspector who reinvestigated the case did not have the skill, tactics and expertise which are expected from a premier investigating agency like the CBI. His report affirmed the findings of the previous investigating officer who was of the Additional Superintendent of Police rank.

The reinvestigation by the inspector is totally against the purport and objectives of Section 173(8) of the Code of Criminal Procedure, 1973, as laid down by judicial precedents of the Supreme Court and various High Courts, including the Kerala High Court. It was further observed that the CBI had accepted the statements of the witnesses, who could be under a scanner of doubt and against whom suspicions were raised by the parents of the deceased, without confronting them with the materials collected. The inspector did a damage control exercise to save his superior officer who conducted the earlier investigation. He adopted the casual and perfunctory mode of investigation since he cannot supersede the findings of the earlier probe officer who was superior in rank, the court said.

While the case was being probed, cine/mimicry artist Kalabhavan Soby George had made a disclosure that he saw a group of persons involved in gold smuggling attack the vehicle in which Balabhaskar and his family were travelling at the time of the accident. Subsequently, the Crime Branch took over the probe and concluded that it was an accident. The CBI took over the probe on the representations made by the parents of Balabhaskar.

Balabhaskar’s friend, Prakash Thampi, who rushed to the hospital on hearing of the accident was among those arrested by the Directorate of Revenue Intelligence in connection with gold smuggling, and he was remanded in judicial custody. He was subsequently kept under COFEPOSA detention.