IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 28778 of 2010(V) -------------------------------------- PETITIONER(S): ----------------------- RAJESH,S/O.RAMAN NAIR,AGED 35 YEARS, PUNNAYURKULAM VILLAGE,CHERAYI DESOM,ANDATHODE.P.O, CHAVAKKAD TALUK,THRISSUR DISTRICT-680 506. BY ADV. SMT.K.NANDINI RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE DIRECTOR GENERAL OF POLICE,THIRUVANANTHAPURAM, PIN-695 001. 2. SAJIN SASI,THE SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION,PANANTHARA, PUNNAYURKULAM.P.O,THRISSUR DISTRICT-679 561. 3. AJITH, POLICE CONSTABLE,VADAKKEKAD POLICE STATION,PANANTHARA,PUNNAYURKULAM.P.O, THRISSUR DISTRICT-679561. 4. SURENDRAN, POLICE CONSTABLE,VADAKKEKAD POLICE STATION,PANANTHARA,PUNNAYURKULAM.P.O, THRISSUR DISTRICT-679561. 5. JOSHY, ASSISTANT SUB INSPECTOR OF POLICE, VADAKKEKAD POLICE STATION,PANANTHARA, PUNNAYURKULAM.P.O,THRISSUR DISTRICT-679561. 6. DINESAN,POLICE CONSTABLE,VADAKKEKAD POLICE STATION,PANANTHARA, PUNNAYURKULAM.P.O, THRISSUR DISTRICT-679561. 7. STEPHEN,POLICE CONSTABLE,VADAKKEKAD POLICE STATION,PANANTHARA,PUNNAYURKULAM.P.O, THRISSUR DISTRICT-679561. 8. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY,DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM. 679 561. R1 & R8 BY GOVERNMENT PLEADER SRI. ALEX M.THOMBRA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 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