POOVAN Vs. SUB INSPECTOR OF POLICE AROOR

JUDGEMENT

(1.) Petitioner is the father of Babukuttan. He has filed this petition praying for the issuance of a writ of Habeas Corpus directing the respondents, Sub Inspector of Police, Aroor, 1st respondent, and the Director General of Police, Kerala, 2nd respondent, to produce Babukuttan before this Court and to set him at liberty as also for ordering an impartial enquiry into the illegal arrest and detention of Babukuttan.

(2.) Material averments made by the petitioner in this petition are to the following effect. Sub Inspector of Police, Aroor came to his house at 1.30 P.M. on 22-1-1993 " and took Babukuttan into custody and locked him up in the Aroor Police Station. Large number of persons witnessed the arrest. Taluk Secretary of Kerala Pulaya Maha Sabha met the 1st respondent on 25-1-1993 and requested him to release Babukuttan who was in the lock up, on bail. 1st respondent did not pay any heed to that. On 26-1-1993 Sri. Sadanandan, local Secretary of Revolutionary Socialist Party met 1st respondent and requested for the release of Babukuttan on bail. Though he could see Babukuttan in the lock up, 1st respondent did not release him. Same day Sri.C.K. Abdulkhader, a member of Panchayat, went to the Police Station and offered sureties for the release of Babukuttan on bail. This individual had also seen Babukuttan inside the lock up. 1st respondent declined to release Babukuttan. According to the petitioner, 1st respondent kept Babukuttan in illegal custody at the instance of the Peeling Owners' Association on the basis of some alleged missing of Shrimp meat from peeling shed. It is alleged that Sri. Abdul Gafoor, the Secretary of the Peeling Owners' Association is a close associate of Kerala Pradesh Congress Committee (I) President and is behind the illegal detention of Babukuttan. Detention of Babukuttan is without the sanction of law. Hence this petition.

(3.) This petition was filed on 1-2-1993. On the same day learned Government Pleader was directed to get instructions from respondents. When the case was called on 3-1-1993, learned Government Pleader made available to Court the statement of facts received by him from 1st respondent. It is stated therein that on 1-2-1993 one case was registered as Crime 22 of 1993 of his police station for offences under S.379 stating that Babukuttan and two others are the suspects. Investigation revealed that Babukuttan is the real culprit and subsequently he was arrested at about 4 A.M. on 1-2-1993 from Ernamaloor. He was produced before Judicial First Class Magistrate Court II, Cherthalla with remand report. While he was produced before the Magistrate he did not make any complaint against the police and the Magistrate remanded him to Sub Jail, Alappuzha till 16-2-1993. First respondent has denied all allegations made by the petitioner in this petition.