Kerala High Court
Sadanandan vs The State Of Kerala on 27 March, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 27TH DAY OF MARCH 2024/7TH CHAITHRA, 1946
WP(C) NO. 8671 OF 2017
PETITIONER:
SADANANDAN
AGED 58 YEARS, S/O. GOVINDAN NAIR,
PUTHUMANANECHIKKATTIL HOUSE,
RESIDING AT PONNENGALKODI QUARTERS,
ARIPRA POST, PERINTHALMANNA 670 521,
MALAPPURAM DISTRICT.
BY ADV SRI.K.K.MOHAMED RAVUF
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY,
HOME DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 SURENDRAN
ADDITIONAL SUB INSPECTOR,
PERINTHALMANNA, MALAPPURAM DISTRICT. 679 322.
3 THE INSPECTOR GENERAL OF POLICE
THRISSUR REGION, 680 001.
4 THANKAM
AGED 63 YEARS,
D/O.KRISHNAN, CHELEKATTIL HOUSE,
PATHAIKARA, PERINTHALMANNA 679 520.
BY ADVS.
SRI.VENUGOPAL V., GOVERNMENT PLEADER
SRI.MANZOOR B.H, R2
SRI.M.SASINDRAN
M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8671 OF 2017
2
JUDGMENT
This writ petition was filed, alleging police harassment. It
was the case of the 4th respondent that the petitioner had
borrowed a sum of Rs.40,000/- from her and had not returned the
amount when demanded. The then Additional Sub Inspector of
Police, Perinthalmanna police station, had threatened him.
Following the orders issued by this Court on 29.03.2017, an
enquiry was conducted by the District Police Chief, Malappuram
and it was found that the allegations raised by the petitioner
against Sri.Surendran, then Additional Sub Inspector of Police,
Perinthalmanna police station (2nd respondent herein) were false.
It appears that after the filing of the above writ petition and after
the order of this Court on 29.03.2017, the 4 th respondent filed a
complaint before the District Police Chief, Malappuram, alleging
that the petitioner had committed rape on her on several
occasions and accordingly, an FIR was registered on the basis of
the said complaint at the Perinthalmanna police station as crime
WP(C) NO. 8671 OF 2017
No.330/2017, alleging commission of offences punishable under
Sections 376, 506(1) and 294(b) of IPC and Section 3(2)(v) of the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities)
Act. It is seen from the statement filed along with the memo dated
22.07.2021 by the then Inspector General of Police, Thrissur
Range, that the petitioner had been arrested in connection with
crime No.330/2017 of Perinthalmanna police station by Sri.Sujith
Das IPS, who was then undergoing training as Station House
Officer, Perinthalmanna, on 17.06.2017. After being produced
before the court, the petitioner was released on 24.06.2017.
2. The prayers in this writ petition are as follows:
"(i) issue a writ of Mandamus or any other
appropriate Writ, Order or Direction, directing
the 3rd respondent to make a full fledged enquiry
into Exhibit P-1 Complaint;
(ii) issue a Writ of Mandamus or any other
appropriate Writ, Order or Direction, directing
the 2nd respondent not to call the petitioner to
the police station nor to compel him to pay an
amount of Rs.50,000/- as alleged, nor to resort
any third degree methods, so as to extract the
money from the petitioner"
WP(C) NO. 8671 OF 2017
3. In the light of the registration of crime No.330/2017
against the petitioner for offences narrated above, I am of the
view that the relief sought for in the writ petition cannot be
granted. This writ petition fails and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
nkr
WP(C) NO. 8671 OF 2017
APPENDIX OF WP(C) 8671/2017
PETITIONER EXHIBITS
EXHIBIT P1. COPY OF THE COMPLAINT DATED 5.10.15
FILLED BY THE PETITIONER BEFORE THE
MINISTER FOR HOME AFFAIRS, GOVERNMENT
OF KERALA.
