IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28778 of 2010(V)
1. RAJESH,S/O.RAMAN NAIR,AGED 35 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY THE
... Respondent
2. SAJIN SASI,THE SUB INSPECTOR OF POLICE,
3. AJITH,POLICE CONSTABLE,VADAKKEKAD POLICE
4. SURENDRAN,POLICE CONSTABLE,VADAKKEKAD
5. JOSHY,ASSISTANT SUB INSPECTOR OF POLICE,
6. DINESAN,POLICE CONSTABLE,VADAKKEKAD
7. STEPHEN,POLICE CONSTABLE,VADAKKEKAD
8. THE STATE OF KERALA,REPRESENTED BY THE
For Petitioner :SMT.K.NANDINI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.M.JOSEPH
The Hon'ble MRS. Justice M.C.HARI RANI
Dated :25/11/2010
O R D E R
K.M.JOSEPH & M.C. HARI RANI,JJ
==============================
W.P.(C). NO.28778 OF 2010
============================
Dated this the 25th day of November, 2010
JUDGMENT
K.M. Joseph, J.
The petitioner has approached this court seeking the
following reliefs:-
i)to issue a writ of mandamus directing the 1st and
8th respondent to act upon Ext.P1 and act upon the
respondents 2 to 7 in accordance with law;
ii)to issue a writ of mandamus directing 8th
respondent to grant effective and sufficient
compensation to the petitioner for the physical and
mental torture of respondents 2 to 7 fully
recoverable from the respondents 2 to 7 later;
iii)to issue a writ of mandamus directing 1st
respondent to engage police officers unconnected
with respondents 2 to 7, preferably from another
distant station, for granting adequate and sufficient
protection to the life of the petitioner”.
Wpc 28778/2010 2
2. The case of the petitioner in brief is as follows. The
petitioner is a small time business man. It is alleged that on
26.7.2010 when he was standing in Guruvayoor Railway Station,
appellant took him to police station. There is an allegation of
physical torture including third degree method on the person of
the petitioner in connection with Crime No.119 of 2009 under
Section 420 IPC. There is also reference to petitioner’s mother
filing a complaint before the Judicial First Class Magistrate,
Kunnakulam as C.C.590 of 2010. The accused in the said case
included one Sabu and Kannan. It is stated that accused are
powerful and highly influential. The mother of the petitioner has
sent several representations to the Honourable Chief Minister of
the State, Home Minister, etc. In Crime No.119 of 2008 lodged
by uncle of the petitioner, though there are other accused, the
ordeal of torture was meted out only on the petitioner and the
other accused roam scot free. It is stated that the petitioner was
taken on 26.7.2010 from Guruvayoor Railway Station.
Petitioner’s mother is alleged to have filed the petition. There is
again allegation of torture and it is the case of the petitioner that
torture and harassment was caused by four people who are
accused/respondents in O.S.482 of 2009 before Munsiff’s Court,
Wpc 28778/2010 3
Chavakkad and M.P. Nos.4637 and 7701 of 2009 before JFMC,
Kunnamkulam. Both the cases are regarding bank loan and
cheating the petitioner’s mother granting fake promises. Ext.P4
is the order passed by JFCM. Ext.P5 is the plaint in O.S.482 of
2009 filed by the mother. Ext.P6 is produced as M.P filed by the
petitioner’s mother pending before JFCM, Kunnamkulam.
Petitioner is undergoing treatment for the torture.
3. A statement is filed as directed by this court by
Superintendent of Police, Thrissur and on behalf of first
respondent. It is interalia stated as follows. Crime No.119 of
2009 under Section 420 IPC was registered on 21.3.2009. The
case was registered based on a complaint filed by one
Sachidanandan Nair who is the uncle of the petitioner and he
was in possession of 1.44 acres of land which belonged to him
and his sister, mother of the petitioner. It is his case that the
said property belonging to him and his sister was fraudulently
pledged by somebody with Union Bank of India, Alappuzha
Branch and had obtained an amount of Rs.50 lakhs from the
bank. Sachidanandan Nair is around 61 years and totally blind.
He only stated that the property was pledged by one Arjuna
Constructions, Alappuzha. Crime No.119 of 2009 was initially
Wpc 28778/2010 4
investigated by Sri Abhilash the then S.I of Police. He was
transferred on 10.7.2009. Further investigation was conducted
by Sri Ranjith, who replaced Sri Abhilash. The investigation
conducted by Sri Ranjith, revealed that accused 1) Shyam Raj,
2) Sabu, 3) Rajesh and 4) P.S.Balaswamy Pillai were involved in
the crime and he had filed report before Honourable Judicial
First Class Magistrate Court, Kunnamkulam. Petitioner is
accused No.3 and the then Manager, Union Bank of India,
Alappuzha Branch is accused No.4. The mother filed a petition
alleging that accused mentioned therein had approached her and
secured title deeds and they will secure a loan with meagre
interest. However, in view of Crime No.119 of 2009 filed by her
own brother for the same cause of action, the action is dropped.
S.I Renjith was replaced by the S.I of Police, Unnikrishnan on
8.2.2010 and he continued the investigation. There is reference
to Sabu and Kannan being involved which was revealed on
questioning of Sabu. Unnikrishnan, S.I of Police was replaced by
the second respondent on 18.5.2010. The allegations of the
accused being unlawfully detained, mentally and physically
tortured etc was denied. The accused was arrested and the
petitioner was arrested by second respondent from Guruvayoor
Wpc 28778/2010 5
Railway Station on 28.7.2010 observing all proceedings. Thus
he was questioned and produced before the Court on the same
day and remanded to judicial custody by the learned Magistrate.
Reference to another cheating case is also pending investigation
in Guruvayoor Police Station in Crime No.236 of 2009. Iti s also
stated that Vadakkekad Police Station has received three
petitions in recent past against the petitioner from Suresh
Kumar, Savin and Subaida respectively alleging that the accused
had deceived the petitioners using various methods. A warrant
from Metropolitan Magistrate Court, Calcutta was received from
Vadakkekad Police Station against the petitioner. There is
reference to the investigation in Crime No.119 of 2009 revealing
various aspects. It inter alia states that a caucus is revealed to
be operating in this field, i.e., collecting documents and title
deeds from innocent parties under some pretext and then
forging documents pledging it with banks for huge amount. It is
stated that the petitioner herein was a party to the conspiracy
and had supplied the title deed and other documents without the
knowledge and consent of his mother and uncle and collected a
substantial amount from the loan amount. The allegation of
torture is disputed.
Wpc 28778/2010 6
4. As regards the allegation of torture, etc which is denied
by the party respondents, we feel that it is open to the petitioner
if he is aggrieved to approach the concerned forum. So also we
feel that we leave open prayer No.2 also. We see no reason at all
for a direction to engage police officers unconnected with
respondents 2 to 7, preferably from another distant station in the
proceedings in this case. However, we leave it open to the
petitioner to approach any superior officer in this regard and
seek such relief.
5. The writ petition is disposed of as above. We record the
submission of the learned Government Pleader that respondents
will be only investigating the matter in accordance with law and
there will be no harassment or torture to the petitioner.
K.M. JOSEPH, JUDGE
M.C. HARI RANI,JUDGE
lgk