STATE OF KERALA Vs. MAXON JOHN

JUDGEMENT

(1.) Defendants in O.S. 695/1987 on the file of Fist Additional Sub Judge, Ernakulam are the appellants. The seventh defendant State of Kerala is the first appellant and other defendants are arrayed as appellants 2 to 7 herein. Plaintiff-respondent filed the suit claiming damages from the defendants to a total tune of Rs. 35,000/-. Plaintiff's case is that on 2.2.1987, when he was a pre degree student, he along with his mother went to Abad Plaza Shopping Centre at M.G. Road, Ernakulam at about 4.30 p.m. in a Maruthi car bearing registration No.KCF 75 belonging to his mother. Mother purchased some eatables and other provisions for domestic purpose worth Rs. 300/- and kept them in the car. He was driving the car from Abad Plaza towards Kacheripady through the Banerji road. He was driving cautiously observing all the traffic regulations and rules. When the car reached Kacheripady at 6 p.m. third respondent signaled him to stop the car and plaintiff stopped it. When he enquired with the third respondent he informed by him that he had instructions from his Boss to seize the car wherever it is found and produce the same before the traffic police station. Soon after the car was stopped a Police Constable in mufti opened the back door of the car and got inside it asking the plaintiff to drive the vehicle to the traffic police station. As plaintiff's mother was seated in the front seat of the car he told third respondent and the policeman in mufti that he will drive to the traffic police station after dropping his mother at his father's shop which was just 50 yards away at Kacheripady junction. He drove and stopped the car before his father's shop (Lab Agencies). Third defendant was following him. Immediately first defendant reached the place in a police jeep with some Police Constables. When the plaintiff stopped the car in front of his father's shop his mother got down and when she tried to pick up the parcels she was prevented by the third defendant and other Police Constables. When plaintiff's mother attempted to take out them 4th defendant pulled her by hand violently and she had to struggle to get out of his grips. Seeing this plaintiff rushed to her side to rescue her. The police personnel including defendants 1, 3, 4 and 6 attacked the plaintiff, beat him and by the time second defendant also came in a jeep and the plaintiff was thrown into the jeep and taken to the police station. Plaintiff's car was also taken by the first defendant and driven to the traffic police station. Plaintiff was mercilessly beaten at Police Station by defendants 1 to 6 and other Constables whose names are not known to him. Defendants 1 and 2 remarked that if the plaintiff's vehicle overtakes the vehicles of top police officers this will be the consequence. Plaintiff's father and some of his friends went to the Police Station to get the plaintiff released on bail. None of the officers in the Police Station gave any information to plaintiff's father or his friends who were prepared to execute bail bonds. They refused to release him on bail because he had marks of fresh violence all over his body. Plaintiff was illegally detained in Police Station though solvent and respectable sureties were present to take him on bail. He was produced before the Magistrate on 3.2.1987 at 4 pm and the Circle Inspector of Police Mr. C.J. Money made a request to the court that the plaintiff must be remanded to custody for 14 days. Plaintiff complained to the Magistrate about the behaviour of the Police and he was released on bail and as directed by the Magistrate he was sent to the Government Hospital where he was examined by the Doctor who noted 7 external injuries in his body and issued a wound certificate. Even after the plaintiff was discharged from the Hospital he could not attend to his studies and did not write the final examination. In order to cover up the illegal arrest and torture a crime was registered against the plaintiff under S.279 and 332 of Indian Penal Code. Due to illegal arrest and detention in police custody and brutal manhandling by defendants 1 to 6 plaintiff suffered severe pain and mental agony. He developed fever and cough. He had also lost one year in his career and could not write the pre-degree examination. Plaintiff claimed Rs. 9,000/- for illegal custody in the Police Station and Rs. 9,000/- as damages for manhandling and causing bodily injuries. He claimed Rs. 300/- as damages for the valued of food items destroyed, Rs. 2,700/- for medical treatment and Rs. 3,000/- towards damages caused to the seat cover of the car, totaling to Rs. 35,000/-.

(2.) Defendants 1 to 6 contended that on the day of the incident plaintiff was driving his car in a rash and negligent manner at top speed likely to cause danger to the life of the public, that he disobeyed the instructions of the Police Officers to stop the car, that when the Police tried to take him into custody he beat them with an iron rod causing injuries to 4th defendant and that he was overpowered and removed to the Police Station and produced before the Magistrate. Defendants contended that they have taken into custody the plaintiff under law and as authorised by law in the discharge of their official duties, that they have not committed any offence or tort and that they were not liable for the plaint claim.

(3.) Exts. A1 to A12 and B.1 to B.10 were marked. PWs. 1 to 7 and DWs. 1 to 5 were examined. The Trial Court found that the incident as spoken to by the plaintiff is true and decreed the suit for damages to the extent of Rs. 24,000/-. It denied damages for illegal arrest expressing an opinion that the connected Criminal case was pending before the Magistrate's Court and, therefore, the plaintiff would be free to prefer a separate claim on that basis after the disposal of that case. Defendants have come up in appeal.