P KANNAPPAN IPS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE accused in Crime No. 534 of 2003 on the file of the Judicial First Class Magistrate Court-No. 1, Ernakulam have filed this Criminal Miscellaneous Case for quashing Annexure No. XX Complaint filed by the second respondent and also Annexure XXI First Information Report registered by the Sub Inspector of Police, Ernakulam Town North Police Station in pursuance of that complaint.

(2.) IN the Criminal Miscellaneous Case it was averred that the second respondent is the second accused in Crime No. RC 3 (S)/1994, CBI Kerala registered under section 120b read with sections 302, 201 and 34 I. P. C. relating to the death of Sri K. G. Munna, whose charred body was found in a partially burnt Ambassador Car at Thuvasserry Kunnu on MLA Road, Kottapuram on 11-4-1992. The case was initially investigated by the local police and then by the Crime Branch of Kerala Police. The father of the deceased filed O. P. No. 15974 of 1992 before this Court and this Court directed the C. B. I. to conduct investigation. In pursuance of the direction, the C. B. I. took over the investigation and re-registered the case under the caption "suspicious death". It is further averred that the investigation revealed that Munna was murdered and his dead body was transported to Thuvasserry Kunnu near the house of the second respondent in the dicky of his Ambassador Car and thereafter the dead body of K. G. Munna was kept on the left side of the front seat of the car and the car was burnt using spirit and palmolien. There are 17 accused in the case. The first accused is Sri. P. Vijayan. He is the younger brother of accused No. 6 Sri. P. Kumaran, an Ex-M. L. A. who represented Mannarkkad Assembly. It is averred that they are abkari contractors.

(3.) IT is averred that the second respondent filed Crl. M. C. No. 8554 of 2002 before this court for anticipatory bail. The same was dismissed. He filed S. L. P. No. 194 of 2002 before the Supreme Court. That was also dismissed on 25-1-2002. The second respondent was arrested on 8-7-2003 and produced before the Doctor at General Hospital, Ernakulam who issued Annexure III Medical Certificate. He was produced before the Chief Judicial Magistrate on 9-7-2003. He was remanded to police custody till 14-7-2003. It is averred that when the second respondent was produced before the learned Chief Judicial Magistrate, he did not make any complaint about the investigating officers. It is also averred that while the second respondent was in police custody, he was examined by Doctors and medical reports issued on 9-7-2003, 10-7-2003, 12-7-2003 and 14-7-2003. The second respondent never made any complaint of harassment or torture by any of the petitioners to the doctors who examined him. The second respondent was again produced before the Chief Judicial Magistrate on 14-7-2003 with a prayer for extension of the period of police custody. At that time also he did not make any complaint about the investigating officers. The police custody was extended for two more days and in that remand order, the learned Magistrate had specifically recorded that the second respondent had no complaint about the investigating officers. It is averred that on 15-7-2003 and 16-7-2003 also the second respondent was examined by the Doctors and issued medical certificates. He was produced before the Chief Judicial Magistrate on 16-7-2003 and remanded to judicial custody. He did not make any complaint about the investigating officers about any harassment or torture on that date also. He was released on statutory bail on 6-10-2003. It is averred that the second respondent never made any complaint of ill-treatment or torture before the Chief Judicial Magistrate or before the doctors who examined him on seven occasions while in police custody. It is contended that he had filed one bail application before the Chief Judicial Magistrate, three bail applications before the Sessions Court, Ernakulam and two bail applications before the High Court. It is averred that he had never pressed the contention of ill-treatment or torture by petitioners 1 to 4 in those applications. It is averred that the second respondent had filed a false complaint on 17-11-2003 before the Judicial First Class Magistrate No. II Ernakulam. The learned Magistrate forwarded the complaint to the Sub Inspector of Police Ernakulam Town North Police Station. It is averred that the case was registered with a mala fide intention to tarnish the image of the officers of the C. B. I. It is averred that if the investigation of that case is allowed to continue, it will adversely affect the investigation of the case investigated by the petitioners resulting in miscarriage of justice. Hence the petition to quash the complaint and the F. I. R.