SUKUMARAN VS. STATE OF KERALA

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No. 192 of 2015

(S.L.P (Crl.) No.9835 of 2014)

SUKUMARAN ….APPELLANT

VS.

STATE OF KERALA …..RESPONDENT

 

It is the case of the prosecution that the appellant, who was the “station writer” at the Fort Police Station, Thiruvananthapuram, demanded a sum of Rs.1500/- from the complainant PW2, for releasing certain articles belonging to him, which were taken into custody by the police. PW2 was the surety to an accused in a criminal case pending before the Judicial First Class Magistrate-II, Thiruvanathapuram and since the accused in that particular case had absconded, PW2 was ordered to pay Rs.3000/- as penalty and a warrant was issued against him in this regard. Therefore, he was apprehended by the police and his personal belongings, including the bicycle, wallet, fountain pen, etc. were retained by the police. PW2 was subsequently released by the Magistrate, wherein he was given further time to remit the money. It is the case of the prosecution that when PW2 approached the police station on 09.12.1998, to get back his belongings, the station writer demanded an amount of Rs.1500/- as bribe for returning the articles which were seized by thepolice.PW2 approached PW6, the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Special Investigation Unit, Thiruvanathapuram and gave a First Information Statement, upon which an F.I.R. was registered against the appellant. Thereafter, a trap was arranged by PW6 and the appellant was arrested for the offences punishable under Sections 7 and 13(1) (d) of the Act. The Investigation Officer after completing all the formalities filed the final report before the Special Judge after framing the charges against the appellant. Several witnesses were examined and various documents were produced as evidence by the prosecution in support of the charges against the appellant….read more