SANTHOSH TOM Vs. STATE OF KERALA

JUDGEMENT

(1.) THE above writ petition is filed with a prayer to issue a writ of Mandamus or any other writ, order or direction to respondents 1 to 4 to consider Ext.P2 complaint and investigate into the matter and also to issue a writ of Mandamus or any other writ, order or direction to the respondents to take immediate and effective action and investigation on Ext.P2 complaint forthwith and report before this court.

(2.) THE case of the petitioner is that on 15.08.2010, at about 4 O' Clock, when the petitioner was in his home at Fort Kochi, some police officials including the Sub Inspector of Police, one Mr.Sindhulal and the C.I. of police, one Mr.Sajeev came to his house in two police jeeps. Since it was a holiday, the petitioner and his family were planning to go to his mother's house. When he opened the door, he saw the police officials and they were shouting using filthy language and the petitioner was taken to Thoppumpady police station in a police jeep and he was subjected to torturing etc. Aggrieved by the above action, the petitioner preferred Ext.P2 complaint before the fourth respondent; but no action is taken so far.

(3.) A statement is filed by the third respondent as per the direction of this Court. As per the said statement, on 15.08.2010, at 2 P.M., one Cleetus was taken into custody by the then Sub Inspector of Police, Thoppumpaddy and party from Beach road at Job Junction as he was found driving a car bearing registration No. KL- 43-7764 in a drunken stage and while the police trying to remove the accused for legal formalities, 20 identifiable persons of the locality unlawfully assembled and restrained the Sub Inspector of Police and party from removing the said accused and thereby obstructed the official duty of the police personnel. Thus the police arrested nine accused including the petitioner in the above petition, from the spot and a case in Crime No.1271/2010 was registered against them and all the nine arrested accused were released on bail on the same day from the station under proper sureties.