VINEETHA Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Cr.P.C.

(2.) The daughter of the 1st applicant is the de facto complainant in Crime No.462 of 2018 of the Guruvayoor Police Station registered under Sections 153A , 323 , 324 , 326 , 308 , 342 , 362 , 354 , 366 , 465 , 468 , 471 , 505 , 511 , 376 and 120B of the IPC. The said crime was registered based on a private complaint filed by the de facto complainant before the learned Magistrate. The applicant Nos. 2 and 3 are the brothers of the 1 st applicant and the 4th applicant is the sister of the 1st applicant.

(3.) According to the de facto complainant, her father died while she was 15 years of age and thereafter her mother lived an immoral life. While the victim was studying for degree, she met one Manas who belonged to the Muslim community. They fell in love. This was not approved by her mother and family members. She decided to quit her family and join Manas. On receiving information of her plans, the applicants brutally assaulted her. She was admitted in the Unity Hospital, Kunnankulam and thereafter in the Aswini Hospital, Thrissur and was tortured, though she had no ailments warranting admission or treatment. She was then shifted to Amrita Hospital at the instance of some Hindu hardliners and was admitted in the Psychiatric Ward. The 5th accused, who is the Psychiatrist of the hospital, gave her psychedelic drugs and administered Electroconvulsive therapy. Mr.Manas, in the meanwhile, approached this Court and sought for issuance of a Writ of Habeas Corpus. The 1 st applicant, who was arrayed as a respondent, produced medical certificate, prepared with malafide intent by the 5 th accused, showing that the victim is a psychiatric patient. This Court, relying on the said medical certificate, dismissed the Writ Petition, without even hearing the version of the victim, though she was a major at that time. After dismissal of the Writ Petition, the victim was taken to a house at Kaloor and she was tortured by accused Nos. 1 to 4 and 6 to 9. She was then shifted to various houses and a Crime was also registered against Manas when he tried to render assistance to her. She was then taken to the house of accused Nos.11 and 12 and was physically and mentally tortured by various modes. She further alleges that the accused abducted her and took her to the house of the 13 th accused at Mangalore. She was brutally manhandled and the accused Nos. 13 and 14 attempted to rape her while she was in their custody. The victim was illegally detained at Mangalore for more than a year. While in custody the victim managed to record a video and uploaded it in the social media. The Mangalore Police was alerted who located her and produced her before the Court. She was then housed in a shelter home and later released to her maternal uncle who brought her back to the State of Kerala. Though she had filed a complaint before the State Police Chief, no crime was registered. Left with no alternative, she approached the learned Magistrate as set the law in motion.