Santhosh Nair v. State of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 Bail Appl..No. 4130 of 2011() ------------------------- CRIME NO. 441 OF 2011 OF SASTHAMCOTTA POLICE STATION REREGISTERED AS CRIME NO. 100/CR/EOWI/KLM/2011 OF CBCID, EOW1, KOLLAM PETITIONER/6TH ACCUSED ----------------------- SANTHOSH NAIR, S/O.P.G.MANIYAN NAIR, AGED 43, SREEPADAM, MANAYILKULANGARA, KOLLAM. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 9/06/2011, ALONG WITH B.A. NO.4159 OF 2011 THE COURT ON 10/06/2011 PASSED THE FOLLOWING: ## V. RAMKUMAR, J. ........................................................ Bail Application Nos. 4130 & 4159 of 2011 ......................................................... ## Dated: 10-06-2011 ## ORDER In these applications filed under Sec. 439 Cr.P.C. the petitioners who are accused Nos. 6 and 5 respectively in Crime No. 441 of 2011 of Sasthamcotta Police Station and reregistered as Crime No. 100/CR/EOW-1/KLM/2011 of CBCID, Kollam, for offences punishable under Sections 143, 147, 148, 324, 326 and 307 read with Sec. 149 I.P.C. seek their enlargement on bail. A5 (Santhosh - the petitioner B.A. 4159/2011) was arrested on 17-5-2011 and A6 (Santhosh Nair - the petitioner in B.A. 4130 of 2011) was arrested on 215-2011. 2. The learned Public Prosecutor opposed the application and made available to me the case diary files. 3. The case of the prosecution as revealed by the Bail Application Nos. 4130 & 4159 of 2011 -:2:- investigation thus far conducted by the Superintendent of Police, Crime Branch C.I.D., EOW-I, HQ, Kollam is the following:- The de facto complainant on whose life an attempt was made, is one V.B. Unnithan, who is the reporter of Mathrubhumi daily. On 30-10-2009 and some other days the complainant had written reports in the Mathrubhumi daily exposing the activities of A6 (Santhosh Nair) who is a Deputy Superintedent of Police (Dy.S.P.) . The reports proceeded to say that the above Dy.S.P. and some other police officers assembled at the Kollam Government Guest House with an Abkari Contractor and had hosted a booze party for giving a send off to another police officer going for Haj pilgrimage. The report went on to say that film stars and serial actresses were also present in the treat. The above reports had caused annoyance and hardship to the police officers including A6 and their families. Some of the officers had got transferred Bail Application Nos. 4130 & 4159 of 2011 -:3:- to distant places. Thereupon A6 conspired with A5 (Santhosh Kumar @ Container Santhosh) who is running a transshipment business at Wellington Island in Kochi to attack reporter Unnithan. It was A6 the Dy.S.P. who furnished the address and registration number of the motor cycle used by Unnithan. A6 had also mailed photographs including a photo of Unnithan from his E-mail I.D. to the E- mail I.D. of A5. Thereafter A5 engaged A1 to A4 ( Sreejith @ Happy Rajesh, Mahesh @ Punchiri Mahesh, Anand and Shafeek) who are hirelings to execute their ploy. Accordingly, in the night of 16-4-2011 , A1 to A4 followed Unnithan in two motorcycles from Mathrubhumi Office at Ramankulangara to Sasthamcotta . At about 9.45 p.m. Unnithan alighted from a bus at Sasthamcotta near Gemini Heights Auditorium to take his motor cycle. While so, A1 to A4 assaulted him with iron pipes. Unnithan sustained fracture of both the bones of his left leg, fracture of spine and Bail Application Nos. 4130 & 4159 of 2011 -:4:- ribs and fracture of coccyx . He was rushed to Padmavathy Medical Foundation at Sasthamcotta where he is undergoing treatment for the severe injuries. In the meanwhile , Sreejith @ Happy Rajesh who was one of the four persons who assaulted Unnithan was found murdered near the District Hospital, Kollam and the Kollam East Police have registered a case as Crime No. 489/2011 under Sec. 302 I.P.C. 4. Some of the materials collected during investigation indicate an unholy friendship between A5 and A6 . A5 is a filthy rich person keeping good contacts with the rowdy and bad characters of Kollam town and using them for various criminal activities including taking vengeance on his opponents and rivals. He is capable of influencing witnesses and tampering with the evidence. The investigation of the case is still under progress. If at this stage of investigation, the petitioners are released on bail, they will definitely influence and intimate the prosecution witnesses and tamper Bail Application Nos. 4130 & 4159 of 2011 -:5:- with the evidence of the prosecution. There is also the sure likelyhood of the petitioners fleeing from justice. These applications are accordingly dismissed. 5. Before parting with this case, I am of the view that there should be a full-fledged enquiry regarding the antecedents of A6 who is a Deputy Superintendent of Police. This Court while disposing of Crl.R.P. No. 2272 of 2008 and connected case (State of Kerala v. Joseph Thomas I.P.S. and Others - 2008 (2) KLD 245) had noticed the undesirable involvement of high ranking police officers in deep rooted conspiracies and grave offences . The present case does not appear to be the solitary case in which A6 the Dy.S.P. is involved. May be, he is either so influential or armed with such political or departmental clout as to escape detection. I am of the view that in order to instill public confidence in such a high ranking police officer continuing as such , an impartial enquiry should be conducted I, therefore, direct Bail Application Nos. 4130 & 4159 of 2011 -:6:- the Director General of Police to conduct an impartial enquiry into the antecedents including involvement in crimes, corruption, extending official favours undeservingly to others etc. by A6 Santhosh Nair, Dy.S.P. Crime Branch, Kollam (now under suspension ) and submit a report before this Court within three months from today. It is needless to emphasize that the Director General of Police will not succumb to any pressure, political, departmental or otherwise, while conducting the enquiry . He shall file the report in a sealed cover before the Registrar General of this Court. Dated this the 10th day of June, 2011. ## V. RAMKUMAR, JUDGE. ani/ Bail Application Nos. 4130 & 4159 of 2011 -:7:- Bail Application Nos. 4130 & 4159 of 2011 -:8:-