K.A. SABU Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Application for Regular Bail.

(2.) The Petitioner is the 1st Accused in RC 1(S)/2020/CBI/SCB/ Thiruvananthapuram registered for the offences punishable under Sections 343, 348, 323, 324, 330, 331, 302 and 34 of Indian Penal Code.

(3.) The Prosecution allegation is that, this petitioner the 1st accused (then Sub Inspector of Police, Nedumkandam Police Station, Idukki District) along with his team (A2 to A7) had taken custody of one Raj Kumar, an accused in Crime No. 302/2019 of Nedumkandam Police Station on 12.06.2019 and kept him in illegal custody till 15.06.2019. He was subjected to physical torture, cruelty and brutual harassment while he was in illegal detention. He was produced before the Jurisdictional Magistrate on 16.06.2019 with remand report as if he was arrested only on 15.06.2019. The learned Magistrate remanded him to Sub-Jail, Peerumedu on 16.06.2019. Thereafter he had to undergo treatment before the Taluk Hospital, Peerumedu, Idukki, as well before the Medical Hospital, Kottayam as he was brutally tortured while he was under illegal custody. On 21.06.2019 at 10:20 a.m, he was again brought to Taluk Hospital because of the complications developed but, he died at 10:30 a.m. on the very same day. Thus the case was registered by Crime Branch as Crime No 390/CB/IDK/R/2019 against the petitioner and the co-indictees for custodial death of Raj kumar.