K. SOMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The third accused in SC.No.917/2012 and the newly added 7th accused in SC.No.917/2012 and the original fifth accused in SC.No.916/2012 both on the file of the Special Judge (SPE/CBI), Thiruvananthapauram have filed these Criminal Miscellaneous Cases respectively to quash the common order passed by the Special Judge in Crl.M.P.No.58/2014 in SC.No.916/2012 and in Crl.M.P.No.59/2014 in SC.No.917/2012 under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

(2.) The accused in SC.Nos.916/2012 and 917/2012 of Special Judge (SPE/CBI), Thiruvananthapauram were working as police officers in Fort Police Station, Thiruvananthapuram. On 27.9.2005, the deceased Udayakumar and one Suresh Kumar were illegally taken into custody from Sreekandeswaram Park at Thiruvananthapuram by accused No.1, Jitha Kumar and second accused, Sreekumar and they were taken to Fort police station and they were interrogated by accused 1 and 2 using third degree methods. The third accused Soman, who is the petitioner in Crl.M.C.No.3189/2014, also joined in the interrogation and inflicted injuries on deceased Udayakumar and the witness Sureshkumar. Later, Udayakumar succumbed to injuries sustained by him during the custodial interrogation. He was taken to Medical College Hospital, Thiruvananthapuram from where he was declared dead. After the death of Udayakumar, accused 1 to 3 in SC.No.917/2012 along with the other accused in both the cases, entered into a criminal conspiracy for disappearance of material evidence of the offence and for fabrication of the records of Fort police station, in order to cover up the custodial death, registered a false case as Crime No.703/2005 against Suresh Kumar and Udayakumar after his death. Another case was registered as Crime No.704/2005 of the same police station under Section 174 of the Code consequent to the death of Udayakumar and caused disappearance of articles used such as cane, iron rod, thorth etc.

(3.) The CBCID had referred Crime No.703/2005 registered against Udayakuamr and Suresh Kumar by the Fort police as false case. The mother of the deceased Udayakumar filed W.P.(C)No.12365/2008 before this Court for handing over investigation of Crime No.703/2005 of Fort police station also to the CBI and the same was allowed as per order dated 8.7.2008 and the CBI has undertaken the investigation of that case also and they re-registered the case as RC.05/S/2008/CBI/SCB/CHE and after completing the investigation, they filed final report against five accused persons namely Jitha Kuamr (A1), Sreekumar (A2), Ajith Kumar (A3), E.K. Sabu (A4) and T.K. Haridas (A5), who is the petitioner in Crl.M.C.No.3083/2014 for the offence under Section 120 B read with Sections 466, 474, 193, 167 and 201 of the Indian Penal Code and that was committed to the Sessions Court and taken on file as SC.No.916/2012 and both the cases were made over to Special Court(SPE/CBI),Thiruvananthapuram for disposal. The case of the prosecution was that after the death of Udayakumar, in continuation of the conspiracy hatched between all the accused persons in both the cases including persons shown as approvers, manipulation of documents were done so as to make it appear that a case was registered against Udayakumar and Sree Kumar and certain manipulations were made showing their arrest in the records maintained in the police station so as to appear that they were registered and prepared prior to the death of Udayakumar, though that was done after the death of Udayakumar.