T.P. SENKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 482 Cr.P.C.

(2.) Petitioner is the accused in Crime No.1302 of 2017 of Museum Police Station in Thiruvananthapuram City. He is the former State Police Chief of Kerala. When the new Government came to power after the general election held to the Legislative Assembly in the State of Kerala, the petitioner was thrown out of the post of State Police Chief. He availed himself of half pay leave. Later he filed an application to convert it into commuted leave. In support of his petition he filed medical certificates and other documents from Ayurveda College, Thiruvananthapuram. One Sukkarno sent a complaint to the Vigilance & Anti-Corruption Bureau, Thiruvanthapuram alleging that the petitioner was not entitled to such a long leave as claimed by him and the salary received by him shall be ordered to be refunded to the Government. The complaint also mentioned that the complainant suspected that the documents produced by the petitioner were false documents. Ultimately, this complaint reached the Government. On behalf of the Government the Chief Secretary directed the police 'to take action' under the Criminal law, forthwith. The Museum police registered a case against the petitioner for the offences under Sections 167, 465, 468 and 471 IPC. This is sought to be quashed mainly on the ground that the allegations are false and the complaint was filed with ulterior motive at the instance of some senior police officers whose intention was to ensure that the petitioner was not appointed a member of the Kerala Administrative Tribunal to which he was selected by a committee headed by the Chief Justice of the High Court of Kerala.

(3.) Heard the learned counsel for the petitioner and the learned senior Public Prosecutor.