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2017 Supreme(Ker) 616

SUNIL THOMAS
A. S. Santhosh Kumar – Appellant
Versus
State of Kerala, Represented by its Secretary to Government, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioner:T.K. Rajeshkumar, T.N. Bindu, Aparna Somarajan, Advocates.
For the Respondents:Amjad Ali, Public Prosecutor, P. Chandrasekhara Pillai, C.B.I., Advocate, N. Nagaresh, Assistant Solicitor General, Suvin R. Menon, CGC.

JUDGMENT :

1. Three different crimes stated to be intricately connected to each other, are the subject matter of the present proceedings. Hence, it is essential to deal with the facts involved in each case in brief, for an appreciation of the issues involved.

2. One Santhosh Kumar was engaged in the container transshipment business at Cochin. He was the native of Kollam. In the course of his business, he got acquainted with the several prominent persons, including police officers. On 13.10.2009, a newspaper item was published in a prominent malayalam daily, by one Babu Unnithan, who was the staff reporter of that newspaper, at Kollam. The report alleged that few police officers including one Sathosh Nair, who was a police officer in the rank of Dy.SP in the Kerala police, had attended an evening party held on 12.10.2009, arranged by an abkari contractor, at the Government guest house at Kollam. There was a vague indication that it was attended by few female TV artists also. It appears that in the course of that party, some untoward incident happened and one Babu Kumar, who was a police constable attached to the special squad of SP/CI of Kollam, intimated about it immediately to the c























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