IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 30679 of 2008(B) -------------------------------------- PETITIONER(S): ---------------------- ANILKUMAR, AGED 41, S/O.KUNJUMASTER, PARAKKAL HOUSE, KANNAMBRA P.O., PALAKKAD. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): ------------------------ 1. SUB INSPECTOR OF POLICE, PEECHI POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE, PEECHI POLICE STATION. 3. SUPERINTENDENT OF POLICE, THRISSUR. 4. BIWI, W/O. ASHRAF, CHETTIKKAYIL HOUSE, MUDIKODE. SR. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------------------- W.P.(C)No.30679 OF 2008 B ----------------------------------------------------- DATED THIS THE 24th DAY OF OCTOBER, 2008 J U D G M E N T Balakrishnan Nair, J. The petitioner has approached this Court alleging that the police of Peechi Police Station are on the prowl to arrest him and torture him. The 4th respondent has filed a complaint that the conductor of the stage carriage KL 8S 3619, has outraged her modesty and a crime has been registered under Section 354 of the Indian Penal Code. The accused is not named, but is shown as the conductor of that bus. The petitioner submits, the complaint has been filed after four days of the alleged incident. According to him, it may be at the instance of rival bus operators. Pursuant to the complaint, the bus was seized and kept in custody for three days. The owner and employees of the vehicle were questioned by the police. Therefore, there was no difficulty for the police to identify who was the conductor of the vehicle on the date of incident. The petitioner could have been named as an accused and a report to that effect filed before the Magistrate's Court by the Investigating W.P.(C)No.30679/08 -2- Officer. He apprehends, the police are not doing that to arrest him and torture him in custody. He moved the Sessions Court for anticipatory bail. But, it was closed, as the police submitted that he is not so far made an accused and further the offence alleged is only a bailable offence. If the petitioner is named as an accused, he could surrender before the Magistrate's Court and get himself enlarged on bail as of right, as the offence is bailable. To avoid it and to take him into custody and keep him for 24 hours, respondents 1 and 2 are playing a hide and seek game, it is submitted. In the above background, the petitioner filed Exhibit P2 representation before the Superintendent of Police, Thrissur. Since the said Officer did not take any action, this Writ Petition is filed. 2. The learned Government Pleader upon instructions submitted that as part of the inquiry into the crime, the petitioner was directed to appear before the police. But he has chosen not to appear. Identification of the petitioner by the complainant may be necessary, it is submitted. 3. Having regard to the facts of the case, the 3rd respondent is directed to look into Exhibit P2 complaint of the petitioner without delay, on receipt of a copy of this judgment. If there are sufficient W.P.(C)No.30679/08 -3- materials against the petitioner in the CD to show that he is the culprit, the 3rd respondent shall instruct the first respondent to file a report before the Magistrate concerned, naming the petitioner as an accused in the case. This direction is issued, so that the petitioner can work out his remedy under law. The Writ Petition is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. dsn