K.MANIKANDAN Vs. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM AND OTHERS

JUDGEMENT

(1.) The writ petitioner stands arrayed as accused No.17 in Crime No.346/2011 of North Paravur Police station for offences punishable under sections 366A, 342,372,373,376 (2)(g), 506(1), 109 read with section 34 IPC, Sections 4 , 5 and 6 of Immoral Traffic Prohibition Act and section 23 of the JJ Act. He also stands arrayed as accused No.11 in Crime No.549/2011 of Varapuzha police station for offences punishable under section 366A, 372, 373, 376, 354, 506(i), 342 read with section 34 IPC and section 26 of the JJ Act.

(2.) According to the writ petitioner, he is a business man having a granite crusher unit and also undertake Government contract works. He and his wife were the joint owners of 9 acres 72 cents of land in Arumanai village in Kanyakumari District, in Tamil Nadu. He had entered into an agreement for purchase of 25 acres of land lying adjacent to the above 9.72 acres of land. Thereafter, he entered into an agreement for sale of the entire land of 34 acres 61 cents with one M/s APG Developers on 23/11/2010, for a total consideration of Rupees six and half crores. Ext.P1 is a copy of the agreement. According to the petitioner, one crore was received as advance and another sum of Rs. 1.5 Crores was received on 31/12/2010. The 4th respondent is an IPS officer in the cadre of ADGP, Kerala. His wife held 80% shares in M/s.APG developers evidenced by Exts.P3 and P4 documents. The entire transaction in relation to Ext.P1 agreement for sale, the business dealings and the negotiation with the petitioner was conducted by the 4th respondent on behalf of M/s. APG Developers. At that time, the petitioner and the 4th respondent were maintaining good relationship. After payment of the consideration of Rs. 2.5 crores, the 4th respondent demanded the petitioner to assign the entire property ignoring the balance consideration. This was refused by the petitioner and relationship got strained. It is alleged that the 4th respondent using his official position, tried to coerce and threaten the petitioner herein to budge to his demand for the assignment of property, for less consideration. In the meanwhile, M/s.APG developers filed OS No.45/2011 before the District Court Kuzhitharai and obtained an injunction order against the transfer of property by the petitioner. It was later withdrawn and a suit for recovery of money was filed.

(3.) Pending the proceedings, the 4th respondent allegedly threatened the petitioner and his wife by making unreasonable demands and threatened to implicate the petitioner in criminal cases in Kerala. Apprehending some action, Ext.P7 complaint dated 28/5/2011 was stated to be submitted to the Chief Minister by the wife of writ petitioner. On 13/6/2011, while the petitioner herein was in Chennai Air Port for his journey to Singapore in connection with business purpose, he was detained by Kerala Police, brought to Kerala and implicated in Crime No. 346/2011 of North Paravur Police station. He was arrested on 14/6/2011. The crux of the allegation was that, the petitioner herein along with his friend had committed rape of a young girl against her will at his guest house at Parassala, Thiruvananthapuram. During his period of detention, the police allegedly coerced and threatened him to execute the sale deed. The petitioner was also threatened to implicate in the other criminal case. The jail superintendent allegedly stated that he was called by the 4th respondent and required him to prevail upon the petitioner to settle the dispute. This was also conveyed to the wife of the petitioner. Pending the proceedings, he along with his driver was implicated in Crime No. 549/2011 on 20/8/2011. The allegation in both the cases was that, he had raped the victims in both the cases on separate dates at his guest house at Parassala, Thiruvananthapuram. After investigation, final report was filed in both the cases. Crime No.346/2011 is now pending as SC No.244/2015. In Crime No. 549/2011, split charge is filed and is pending as CP No.11/2015.