Kerala High Court
Rajeev S.K vs The State Police Chief on 27 June, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:46450
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 27TH DAY OF JUNE 2025 / 6TH ASHADHA, 1947
WP(C) NO. 13121 OF 2025
PETITIONER:
RAJEEV S.K
AGED 54 YEARS
S/O. C.A. KARUNAKARAN
32/593/ 1 SREE NAQNDANM ,
KUREEKOBIL ROAD ETTUMANOOR ,
KOTTAYAM, PIN - 686631
BY ADV SRI.B.VINOD
RESPONDENTS:
1 THE STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS,
VELLAYAMBALAM ,
THIRUVANANTHAPURAM, PIN - 695010
2 THE DISTRICT POLICE CHIEF
DISTRICT POLICE OFFICE, COLLECTRATE PO,
KOTTAYAM, PIN - 686002
3 THE STATION HOUSE OFFICER
ETTUMANOOR POLICE STATION. ETTUMANOOR P.O,
KOTTAYAM., PIN - 686631
BY SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2025, THE COURT ON 27.06.2025 DELIVERED THE FOLLOWING:
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W.P.(C) No.13121/2025
:2:
N. NAGARESH, J.
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W.P.(C) No.13121 of 2025
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Dated this the 27th day of June, 2025
JUDGMENT
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The petitioner states that he is a Special
Grade Panchayat Secretary belonging to Scheduled Caste
community. His 24 year old son has been undergoing
treatment for depression for the past six years. The family
resides at Ettumanoor.
2. On 20.03.2025, the petitioner learnt that his
son was arrested by the police. The petitioner and his wife
rushed to the Police Station and informed the Circle Inspector
about their son's medical condition. However, a case was
registered against the son under Section 118 of the Kerala
Police Act. The Circle Inspector branded the petitioner's son
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as addict, rowdy and habitual criminal. The incident
damaged the mental condition of the petitioner's son.
3. On 21.03.2025, the petitioner was
summoned to Ettumanoor Police Station. The Circle
Inspector tried to have a negotiated compromise. The
petitioner refused to compromise. The petitioner was
detained in the Police Station till 9 pm. On 25.03.2025, more
than 15 police officers surrounded the petitioner's house to
re-arrest the petitioner's son. The petitioner states that he is
apprehending arrest in a false and cooked up case. The
petitioner has therefore filed this writ petition seeking to direct
the respondents not to harass the petitioner and his family
members.
4. The 3rd respondent filed counter affidavit.
The 3rd respondent alleged that the petitioner belongs to
Ezhava OBC community but wrongly claimed that he belongs
to SC/ST community. The petitioner's son is undergoing
treatment for narcotic drug usage. On 20.03.2025, the
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petitioner's son was caught while he was creating public
nuisance. The petitioner's son was released on bail bond.
5. The petitioner's son is already involved in
five criminal cases in various Police Stations. The petitioner's
son is a threat to common people and society. The writ
petition is devoid of any merit and it is liable to be dismissed,
contended the 3rd respondent.
6. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents.
7. The writ petition has been filed alleging
police harassment. The petitioner also seeks independent
investigation into the illegal detention, assault and human
rights violation allegedly inflicted upon the petitioner and his
son. The petitioner also seeks to suspend and prosecute the
police officers involved in the brutal attack and illegal
detention.
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8. The petitioner's son was found riding a bike
near Ettumanoor Private Bus Stand on 20.03.2025 at around
5.30 pm and creating public nuisance. It is stated that the
petitioner's son stopped a running Private Bus and showered
filthy language on the Bus Driver. The petitioner's son
started beating the Bus Driver with a Helmet showing violent
behaviour. The son was subjected to medical examination.
FIR No.379/2025 was registered. However, the petitioner's
son was released on bail bond on the same day.
9. The pleadings in the writ petition would
indicate that the petitioner's son is accused in five criminal
cases for various offences. Therefore, it cannot be presumed
that the police officers went to the house of the petitioner with
an intent to harass the petitioner's son. Though the petitioner
would submit that his son was subjected to assault and was
injured by the police and was tortured, there is no prima facie
evidence on these allegations except newspaper reports
produced by the petitioner.
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10. As there is no prima facie material to
presume police harassment in the case, I am not inclined to
give any directions in this regard. As regards the alleged
human rights violation also, I do not find any materials in the
writ petition to proceed against the respondents.
The writ petition is therefore found to be
without any merit. The writ petition is therefore dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/24.06.2025
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APPENDIX OF WP(C) 13121/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF EH NEWS REPORT
PUBLISHED IN MATHRUBHOOMI DAILY DATED
24/3/2025
Exhibit P2 A TRUE COPY OF THE DISCHARGE SUMMARY
DATED 19/7/2024 FROM METRO MIND NEURO
PSYCHOTIC CENTER
Exhibit P3 A TRUE COPY OF THE PRESCRIPTION DATED
18/3/2024 FROM METRO MIND NEURO
PSYCHOTIC CENTER
Exhibit P4 A_ TRUE COPY OF THE NEWS REPORT
PUBLISHED IN RASHTRADEEPIKA DAILLY
DATED 24/3/2025
RESPONDENT'S EXHIBITS
exhibit R3(b) Exhibit R3(b)- A true copy of FIR
No.379/2025 dated 20-03-2025
exhibit R3(d) Exhibit R3(d)- A true copy of the FIR
No.1580/2019 of Kottayam East Police
Station
exhibit R3(c) Exhibit R3(c)- A true copy of the
Medical Certificate of the petitioners
son
exhibit R3(a) Exhibit R3(a)- A true copy of the
Proceedings of the Chairman Scrutiny
Committee verification of community
certificate
exhibit R3(f) Exhibit R3(f)- A true copy of FIR
No.155 of 2024 of Kottayam Chingavanam
Police Station
Exhibit R3(g) Exhibit R3(g)- A true copy of
section16 of MVA: Sec 16: Revocation
of driving license on grounds of
disease of disability
exhibit R3(i) Exhibit R3(i) - A true copy of the
Mental Disorder Certificate of
petitioners son Abhay S.Rajeev
received from Metro Mind Hospital
Kalamassery
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exhibit R3(e) Exhibit R3(e)- A true copy of Fir
No.1266/2019 of Kottayam West Police
Station
exhibit R3(j) Exhibit R3(j) - A true copy of the RC
particulars received from RT Office
Kottayam
exhibit R3(l) Exhibit R3(l)- A true copy of Bail
Bond
Exhibit R3(k) Exhibit R3(k)- True copy of the videos
published in Asianet News, Jagratha
online channel and independent public
videos
exhibit R3(m) Exhibit R3(m)- A true copy of Bail
Kacheet
exhibit R3(n) Exhibit R3(n)- A true copy of the
Attendance Register of Kidangoor
Panchayat
exhibit R3(o) Exhibit R3(o)- A true copy of the
Statement of Doctor in Metro Mind
Hospital
exhibit R3(p) Exhibit R3(p)- A true copy of FIR
No.390/2025 of Ettumanoor Police
Station
exhibit R3(q) Exhibit R3(q)- A true copy of RHS
Proceedings of DYSP Kottayam
exhibit R3(h) Exhibit R3(h) -A true copy the letter
to cancel the Driving License Of Abhay
S. Rajeev to Kottayam
PETITIONER'S EXHIBITS
Exhibit P5 A true copy of interim order dated
2/5/2025 in WP(c) 17218/2025 of the
High Court of Kerala
Exhibit P6 A true copy of judgement in CC
786/2019 dated 16/02/2023
Exhibit P7 A true copy of the Final Report in
crime 1266/ 19 of the Kottayam west
police station dated 8/9/2019
Exhibit P8 A true copy of the wound certificate
serial no 4 dated 7/8/2019 issued by
the General Hospital Kottayam after
examining Athul aged 19 years at 8:19
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am on 7/8/2019
Exhibit P9 A true copy of the wound certificate
serial no 5 dated 7/8/2019 issued by
the general hospital Kottayam after
examining Sudha aged 43 years at 8: 19
am on 7/8/2019
Exhibit P10 A true copy of the course and conduct
certificate issued by the Principal,
Government College Kottayam dated 24/
05/ 202 5
Exhibit P11 A true copy of notarized affidavit of
Dr. Ashitha M L, Psychiatrist working
in Metromind hospital, Kalamassery,
who treats the son of the petitioner
dated 14 / 5/ 2025
Exhibit P12 A true copy of the SSLC certificate of
Abhay
Exhibit P13 A true copy of the final report dated
5/12/2024 submitted by the Chingavanam
police in crime 264/2024 Before the
Honorable JFMC -1 Changanassery
