K.A.SABU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the first accused in Crime No.349 of 2019 of Peermade Police Station, which was re-registered as Crime No.390/CB/IDK/R/2019 of Crime Branch, Idukki. The offences alleged are the offences punishable under Sections 302, 343, 348, 323, 324, 330 and 331 read with Section 34 IPC.

(2.) The prosecution case can be briefly stated thus:- The petitioner and the other accused had taken Rajkumar @ Kumar, who was the accused in Crime No.302 of 2019 of Nedumkandam Police Station, into custody on 12.6.2019 and thereafter, he was tortured in custody for the purpose of extracting confession. He was eventually produced before the Jurisdictional Magistrate on 16.6.2019 at about 10.40 p.m. The learned Magistrate remanded him to the Sub Jail, Peermade. He was admitted in the Sub Jail, Peermade on 16.6.2019. Thereafter, he was taken to the Hospital on 18.6.2019, as some complications were developed. Finally, he died on 21.6.2019 at about 10.30 a.m., while undergoing treatment in the Taluk Hospital, Peermade. It is alleged that the deceased died due to the injuries sustained by him in the custodial torture by the petitioner and the other accused.

(3.) The petitioner was arrested on 3.7.2019 and ever since he has been in custody.