Kerala High Court
Aanandakuttan V.K vs The Inspector General Of Police on 1 November, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 1188 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(CRL.) NO. 1188 OF 2022
PETITIONER :
AANANDAKUTTAN V.K.
AGED 68 YEARS,
S/O KUMARAN, PUNNAPARAMBIL HOUSE,
REVATHY NIVAS, KUSUMAGIRI P.O, KAKKANAD,
ERNAKULAM DISTRICT - 682030.
BY ADV T.N.MANOJ
RESPONDENTS :
1 THE INSPECTOR GENERAL OF POLICE
RANGE OFFICE, CRIME BRANCH,
ERNAKULAM, 683101.
2 THE COMMISSIONER OF POLICE,
KOCHI CITY, O/O. THE COMMISSIONER OF POLICE,
MARINE DRIVE, ERNAKULAM -682035.
3 THE SHO,
KAKKANAD JANAMYTHRY POLICE STATION,
KAKKANAD -682030.
4 THE DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS,
THIRUVANANTHAPURAM -695010.
5 STATE OF KERALA,
REPRESENTED BY THE HOME SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM.
WP(CRL.) NO. 1188 OF 2022
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SMT. SREEJA V., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.1188 of 2022
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Dated this the 1st day of November, 2024
JUDGMENT
Petitioner has prayed for a direction to handover the
investigation of Crime No.738 of 2022 of Thrikkakara Janamythry Police
Station to the State Crime Branch.
2. Petitioner is the defacto complainant in the above crime. He
alleges that on 06.06.2022, the first accused, who is a Councillor of
Thrikkakara Municipality, and a few others had kidnapped him and took
him to the house of the first accused and thereafter strangulated and also
assaulted him and thereby committed the offences under Sections 323,
325, 341, 342, 352, 356, 365, 368, 379, 384 and 385 r/w Section 34 of
the Indian Penal Code, 1860.
3. Petitioner alleges that the accused had committed all the
above-mentioned acts on account of a personal enmity of the first
accused with him since he had filed a suit as O.S. No.471 of 2016 before
the Munsiff's Court, Ernakulam for damages as well as C.C. No.113 of
2016 before the Chief Judicial Magistrate's Court, Ernakulam alleging
defamation.
4. Petitioner alleges that despite intimation from the hospital,
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where the petitioner was treated, an FIR was not registered and hence he
had to file a private complaint on 19.07.2022, which was referred by the
Magistrate to the police for investigation. Thereafter FIR No.738 of 2022
was registered on 24.08.2022 and after investigation, a final report was
filed referring the case as 'false'. Subsequently, petitioner filed a protest
complaint as C.M.P. No.2497 of 2023. By order dated 02.08.2024, the
learned Magistrate on finding certain discrepancies in the final report,
especially in relation to the statement of few of the witnesses and the
improper investigation conducted therein, directed further investigation to
be conducted by the Station House Officer, Thrikkakara Police Station.
5. While the protest complaint was pending consideration,
petitioner preferred this writ petition seeking investigation by the State
Crime Branch alleging that he is a person with permanent disability of
18% and the police officers attached to the Thrikkakara Police Station
approached the investigation with a pre-determined mind, due to the
influence wielded by the first accused as the Councillor of the
Municipality. Due to his strong connection with the police, the entire
investigation was carried out in a slip-shod manner without any detailed
probe and the petitioner now apprehends that even further investigation
will not yield any result.
6. As mentioned earlier, during the pendency of this writ
petition, the protest complaint was taken up by the learned Magistrate
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and a further investigation has been directed. According to the petitioner,
since a further investigation has now been ordered at least at this stage,
if the Crime Branch does not step in, petitioner would be put to serious
prejudice.
7. A statement has been filed on behalf of the respondents
contending that on the basis of information received from the Municipal
Co-operative Hospital at Kakkanad, a crime was registered as Crime
No.511 of 2022 at the instance of Sri.Manoop - the first accused in Crime
No.738 of 2022, alleging that the petitioner had attacked him after
trespassing into his house. It was mentioned further that the statement
of the Casualty Medical Officer by name Dr. Robin was recorded indicating
that petitioner while undergoing treatment had confessed that he had
trespassed into the house of Sri.Manoop. Respondents also averred that
there are several civil and criminal cases between the petitioner and Sri.
Manoop, who are close relatives. In FIR No.511 of 2022, the final report
has been filed alleging the commission of offences by the petitioner under
Sections 341, 323, 324, 506 (2), 452 and 427 IPC against the petitioner
and the case is pending before the Judicial First Class Magistrate's Court,
Kakkanad.
8. I have heard Sri. T.V. Manoj, the learned counsel for the
petitioner, and Smt.Sreeja V., the learned Public Prosecutor.
9. Though the petitioner and the first accused in Crime No.738
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of 2022 are stated to be relatives and intimation about the alleged
incident were received by the police from either side, the police seems to
have registered the crime on the basis of the statement of Sri. Manoop
alone. Petitioner was apparently taken to three different hospitals, but
police seem to have not registered any crime on the basis of the alleged
assault against the petitioner despite intimation from those hospitals.
Subsequently, pursuant to a private complaint filed by the petitioner, the
crime was registered as directed by the Magistrate, but by then, more
than two months had elapsed. In the final report filed by the police, the
statement of Dr. Robin was taken which apparently mentioned that the
petitioner had confessed to the said doctor that it was he who had
trespassed into the house of Sri.Manoop. The aforesaid statement was
doubted by the Magistrate in the order dated 02.08.2024 while directing
further investigation.
10. The circumstances mentioned above, indicate that on the
basis of the complaint of the first accused an FIR came to be registered
on his behalf immediately, while the intimation sent from the hospital
regarding the assault on the petitioner never resulted in the registration
of a crime. The statement of Dr. Robin alleged to have been recorded by
the police also creates doubt about the final report submitted by the
police.
11. Having regard to the above circumstances, this Court is of
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the view that in order to ensure that justice is meted out to the
petitioner, an independent probe is required to be carried out and the
District Crime Branch ought to be directed to carry out the further
investigation already ordered. Such a step is necessary since the
petitioner has genuine doubts about an impartial probe by the
Thrikkakara Police due to the clout of the accused as a Councillor of the
area, which cannot, in the circumstances be stated to be misplaced.
12. Hence, there will be a direction to the 2 nd respondent to
issue appropriate directions handing over further investigation of Crime
No.738 of 2022 of Thrikkakara Janamythry Police Station to the District
Crime Branch, Ernakulam. Appropriate orders to that effect shall be
passed as expeditiously as possible, in a time-bound manner, on receipt
of a copy of this judgment.
The writ petition is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
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APPENDIX OF WP(CRL.) 1188/2022
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE BILL DATED 6/6/2022,
EVIDENCING THE ADMISSION OF THE
PETITIONER AT SUNRISE HOSPITAL, KAKKANAD
Exhibit P2 THE TRUE COPY OF THE REGISTRATION CARD
DATED 6/6/2022 ISSUED FROM THE EMERGENCY
DEPARTMENT OF GENERAL HOSPITAL, ERNAKULAM
Exhibit P3 THE TRUE COPY OF THE DISCHARGE SUMMARY
DATED 9/6/2022 ISSUED BY THE TRIKKAKARA
MUNICIPAL CO-OPERATIVE HOSPITAL
Exhibit P4 THE TRUE COPY OF THE DISABILITY
CERTIFICATE DATED 26/6/2008 ISSUED BY THE
MEDICAL BOARD OF DOCTORS OF THE DISTRICT
MEDICAL OFFICE, ERNAKULAM.
Exhibit P5 THE TRUE COPY OF THE PRIVATE COMPLAINT
DATED 19/7/2022 FILED BY THE PETITIONER
BEFORE COURT OF THE JUDICIAL MAGISTRATE
OF 1ST CLASS AT KAKKANAD
Exhibit P6 THE TRUE COPY OF THE FIR NO. 738/2022
DATED 24/8/2022 OF TRIKKAKARA JANAMYTHTY
POLICE STATION.
Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED
14/6/2022, DESPATCHED BY THE PETITIONER
BY MEANS OF POST WITH ACKNOWLEDGEMENT DUE
TO THE COMMISSIONER OF POLICE KOCHI CITY.
Exhibit P8 THE TRUE COPY OF THE NOTICE OF REFER
REPORT ISSUED FROM THE KAKKANAD
JANAMYTHRY POLICE STATION.
Exhibit P8(A) THE TYPED LEGIBLE COPY OF EXHIBIT P8.
Exhibit P9 THE TRUE COPY OF THE REFER FINAL REPORT
DATED 9/11/2022, ALONG WITH THE
STATEMENTS OF THE WITNESSES IN CRIME NO
738/2022 OF TRIKKAKARA JANAMYTHRY POLICE
STATION, KAKKANAD.
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Exhibit P10 THE TRUE COPY OF THE ORDER DATED
2/8/2024, IN CMP NUMBER 2497 OF 2023 OF
THE COURT OF THE JUDICIAL MAGISTRATE OF
FIRST-CLASS, KAKKANAD
