U.G. Remesan vs State of Kerala

B. Kemal Pasha, J.—The accused in Crime No. 554 of 2013 of the Athirappilly Police Station, registered for the offences punishable under Sections 354, 324 and 506(i) IPC read with Section 34 IPC, have come up under Section 482 Cr.P.C. for getting Annexure-A6 First Information Report and further proceedings against them based on it, quashed.

The petitioners have narrated the factual matrix, in short, as follows:

"The 1st petitioner, who is the 1st accused in the Crime, was the Deputy Range Officer attached to the Kannankuzhi Forest Range and the 2nd petitioner, who is the 2nd accused in the Crime, was the Beat Forester of the said Forest Range as on 14.05.2013. On 14.05.2013, they were on a mission on the basis of specific directions from the higher ups for combing operations to verify the presence, if any, of Maoists in the Vazhachal Forest Area. While they were on such a duty, around midnight, they could see a luxury car coming from the forest area and proceeding towards Chalakkudy direction. They stopped the vehicle and made queries. It was seen that a film star named Kalabhavan Mani was the person on wheels. According to the petitioners, he was in a fully drunken mood. He was directed to open the boot of the car. He did not care to get out of the car or to open the boot. Instead, by throwing some abusing words, he sped away the car disregarding the lawful directions of the petitioners. After some time, the car came back in a tremendous speed towards the petitioners. The petitioners had to jump on the sides of the road to have their life. According to the petitioners, some forest produce, that were in the car, were dumped somewhere else and he had returned for settling scores with the petitioners. He stopped the car and he along with two other persons jumped out of the car and attacked the petitioners. The petitioners were indiscriminately attacked whereby they sustained grievous hurt including the nasal bone fracture of the 1st petitioner. Even though, the petitioners called the Police, after some time, the Police reached there and they wanted to pacify Kalabhavan Mani and the petitioners. The petitioners insisted that as they were obstructed from the discharge of their official duties and were brutally attacked, Kalabhavan Mani and others, who attacked them, should be legally proceeded against."

It seems that the Police had taken a stand that even though there was an earlier case registered by the Police when they were attacked by Kalabhavan Mani, the said case had to be dropped as the Government had withdrawn that case, and therefore, there was no meaning in proceeding against Kalabhavan Mani. All the persons were taken to the Police Station. Even though, the 1st petitioner had suffered a grievous hurt and there was profuse bleeding from his nose, the Police did not care to register a case. Instead of that, they were sent to the hospital. At the hospital, it seems that on the next day, at 12.00 noon, the Police recorded the so called First Information Statement and registered a case against Kalabhavan Mani and others for offences punishable under Sections 324 and 332 IPC. It has to be noted that even then the Police was not prepared to incorporate the offence under Section 326 or 307 IPC.

Strangely enough, evidently at the junction of Kalabhavan Mani, the lady, who was present in the car, gave a distorted version to the Police and caused to register the present Crime. According to her, the Forest Officials had demanded Kalabhavan Mani to fill in diesel in the Forest jeep and when Kalabhavan Mani declined, they were attacked by the Forest Officials. It is also alleged that her presence in the vehicle was questioned by the Forest Officials and her modesty was outraged by pulling on her dress and beating her with a stick by them. It seems that she had given a version that she along with her husband, who is a Doctor by profession, along with Kalabhavan Mani had gone to the tribal colony for imparting medical aid to the tribals.

According to the petitioners, this is a false case foisted against them, just as a counter blast to the crime committed by Kalabhavan Mani and his associates in a drunken mood and the Police was deliberately assisting Kalabhavan Mani and his associates.

Heard the learned counsel for the petitioners, the learned counsel for the de facto complainant and the learned Senior Public Prosecutor.

It seems that the version of the de facto complainant was that they had gone to the tribal colony for giving medical aid to the tribals. Documents procured by the petitioners herein under the Right to Information Act clearly reveal that no such medical camp was there on that day and apart from that, the Doctor, who is alleged to be the husband of the de facto complainant, had never participated in any medical camps in that locality or in any of the tribal areas, which are in the forest. According to the learned counsel for the de facto complainant, they had not gone for a medical camp whereas they had gone to the tribal colony for giving medical aid to the tribals. That argument also is not sustainable, as no permission was procured by these people for entering in any of the tribal colonies. It seems that the incident had occurred during midnight. It is evident that there was no possibility of any such medical aid at that time or just prior to it. It cannot be believed that they could go to a tribal colony inside the forest for giving medical aid, without obtaining permission from the Forest Officials. Admittedly, they had not procured any permission to enter the tribal colony situated inside the forest. Had it been done, they would have committed forest offences as they had trespassed into the forest, whether it was during day time or night.

On a perusal of the records and on hearing the matter, prima facie, it seems that there are elements to suspect that this is nothing but a false case foisted against the petitioners, just as a counter blast to the other case. At the same time, suspicion, however strong it be, is not substitute for proof. At present, there are no sufficient materials with this Court to quash the case as such by exercising the powers under Section 482 Cr.P.C.

It seems that the Police have clearly made a partisan attitude in the matter and that they were deliberately aiding the so called celebrity. Even the present report submitted by the Police shows that they have a partisan attitude in the matter. It seems that subsequently during the investigation of the case, the Police have gone to the extent of incorporating an offence under Section 3(i)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in this case, on a version given by a person, who has proclaimed himself as the ''President of Kerala State Scheduled Castes and Scheduled Tribes Service Society'', by alleging that Kalabhavan Mani happens to be a member of a Scheduled Caste. No materials are there in the case to invite such an offence. Even then the Police have gone to the extent of incorporating such an offence unnecessarily in the case in order to see that the Forest Officials should not get the protection of anticipatory bail.

Even the versions of the de facto complainant in the present case do not give rise to the application of an offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in this case. There are no materials to bring out such an offence in the matter. It is made clear that such an offence will not lie in the case and there is no reason to incorporate such an offence.

When the versions of the de facto complainant reveal the ingredients of an offence, the same cannot be quashed under Section 482 Cr.P.C., even on a prima facie satisfaction that there are elements to have a strong suspicion that the case is falsely foisted. Merely on the basis of such suspicion, the same cannot be quashed under Section 482 Cr.P.C. At the same time, the matters revealed by the petitioners in this case clearly give rise to a cause for them to get a discharge or acquittal in the case, if charge sheeted, at appropriate stages. Reserving their right for the same, this Crl.M.C. is only to be disposed of at present.

The learned counsel for the petitioners has put forwarded a case that Sri. Sen Kumar, who is one of the higher ups in the Kerala Police, has made a statement in public, which was reported in media that Kalabhavan Mani was unnecessarily harassed or tortured only because of the fact that he happened to be a member of a Scheduled Caste. If such a statement is made by such a person, who is in the Police higher ups, that has to be viewed seriously. A responsible police officer is not expected to make such statements in public, regarding a pending case. In such a case, the petitioners are justified in seeking an investigation by an independent agency in the matter. This Court cannot go after paper reports to conclude whether he has made such a statement or not. The learned counsel for the petitioners has made a plea that the investigation may be entrusted with an independent agency and otherwise, they won''t get justice from the Police department, who is favouring the celebrity. It seems that they have genuine ground to express such an anguish. At the same time, when any such relief has not been sought for in the matter, this Court is not presently dealing with the same. This Court is recording the statement furnished by Sri. T.K. Thomas, Deputy Superintendent of Police, Chalakkudy. The report reveals that justice may be a mirage to the petitioners from the hands of the Police. Of course, there is no full-fledged investigation at present. The investigation is only proceeding. Let the investigation proceed!

With the said observations, this Crl.M.C. is disposed of. The Registry is directed to forward a copy of this order to the Director General of Police immediately.