2012 Supreme(Ker) 611
HIGH COURT OF KERALA
S.S. SATHEESACHANDRAN, J.
A. Gireeshkumar & Others
Versus
State Of Kerala Rep. By Public Prosecutor High Court Of Kerala Rep. Assistant Commissioner Of Police Shangumugham & Another
CRL. M.C. NOS. 1365 & 1517 of 2011
Decided on : 10-08-2012
For the Petitioners:Blaze K. Jose, Advocate.
For the Respondents:K.A. Abdul Salam, Public Prosecutor, Kasha K. Malayan, Anil Kumar M. Sivaraman, R. Ranjith Public Prosecutor, Advocates.
Headnote:A. Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) - The person belonging to caste or tribe must be present with the public view to constitute the offence held under section to abuse or to intimate them.
1. Petitioners in the above two Crl.M.C.s are the accused in Crime No.231 of 2011 of Vanchiyoor Police Station, Thiruvananthapuram registered for the offence under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act {for short "the Act"}. Crl.M.C.No.1365 of 2011 is filed by the 2nd and 3rd accused (A2 and A3) and Crl.M.C.No.1517 of 2011, by the 1st and 4th accused (A1 and A4) in the aforesaid crime, and both petitions are moved under Section 482 of the Code of Criminal Procedure {for short "the Code"}, for quashing the criminal proceedings against them.
2. Annexure 3 is the FIR registered in the crime. The aforesaid crime was registered on a complaint given by additional 2nd respondent/de facto complainant to the Commissioner of Police, Thiruvananthapuram. Annexure 1 is, in fact, a communication sent to the above police officer through post. The de facto complainant, a member of the Scheduled Caste, retired from service as the Head of the Department, Inspector General (Registration) Department, on superannuation on 31.03.2011. Two days later on 02.04.2011 the office of the Inspector General (Registration) and premises was sprinkled with cow dung water, to remove the impurities caused by the de facto complainant, a member of the Scheduled Caste, previously, holding the post of Inspector General, and, the above incident though brought to the notice of the new incumbent, the Head of Department, who has taken charge of that office, no action has been taken, was the grievance raised in the communication sent to the Senior Police Officer. With the endorsement of the recipient, Commissioner of Police, to register a case on the basis of Annexure 1 for the offence under Section 3(1)(x) of the Act, with Annexure 2 communication, it was sent over to the Sub Inspector of Police, Vanchiyoor Police Station. On receipt of the above communication with the original of Annexure 1, crime under Annexure 3 was registered for the offence under Section 3(1)(x) of the Act. In the investigation of the crime, the accused persons were identified and arrested and, later, they have been enlarged on bail. Investigation disclosing that offences under Section 3(1)(ii) of the Act and Section 451 of the Indian Penal Code too had been committed by the accused, Annexure 4 report was filed before the Magistrate informing that investigation is being continued incorporating such offences as well in the crime.
3. In both the above Crl. M.C.s, the de facto complainant has been subsequently impleaded as additional 2nd respondent. He has filed separate counter affidavit with some annexures in both petitions and is represented by different counsel in the respective petition.
4. The Investigating Officer has also filed a statement, in which, among others, it is stated thus:
"............................ the accused persons, who are not members of the SC/ST Community, intentionally insulted and to humiliate the complainant A.K. Rama krishnan who belongs to Scheduled Caste Community and retired from service as I.G Registration on 31.03.2011 and after he leaving form his office, at about 8.30 p.m. the accused persons sprinkled cow dung water in the office room, premises and official car which he was used and celebrated as "Purification Ceremony" and thus committed offence under relevant sections of IPC and SC/ST (POA) Act."
A site inspection was conducted in the office premises of the I.G (Registration) with the assistance of the scientific expert from Forensic Science Laboratory and some substances detected, presumably from the sprinkling of cow dung water, were collected from the premises and sent over to the above Laboratory for analysis, according to the Investigating Officer. Three among the four accused in the case had been arrested and later enlarged on bail when the statement was filed on 27.02.2012. The investigation, it is stated, has revealed that all the four accused conjointly participated in the commission o