The court ruled that custodial allegations against public servants require adherence to statutory procedures, including allowing the accused an opportunity to respond before cognizance can be taken.

ORDER :

V.G.ARUN, J.

Petitioners are forest officials, the 1^st petitioner being the Divisional Forest Officer, Marayoor Forest Division and the 2^nd petitioner, the Range Forest Officer. Three crimes were registered at the Marayoor Forest Range as O.R.Nos.1, 2 and 3 of 2024 for offences under Sections 27 (1)(d), 27(1)(e)(ii), 27(1) (e)(iii) and 27(1)(e)(iv) read with Sections 47C and 47G of the Kerala Forest Act against certain persons including the 2^nd respondents herein. As the facts in Crl.M.C.Nos.65 and 86 of 2025 are slightly different from those in Crl.M.C.Nos.73, 74 and 85 of 2025, the two sets of cases are dealt with separately.

Crl.M.C.Nos.73, 74 and 85 of 2025

Pursuant to the registration of O.R.Nos.1,2 and 3 of 2024, Vinod, the 5^th accused in O.R.No.1 of 2025, was arrested and his confession statement recorded on 14.11.2024. During his confession, Vinod revealed the names of Sarath @ Siva, Soorya, Suresh and Liju @ Jithu as participants in the crime. Thereafter, the 1^st accused Sarath was taken into custody on 18.11.2024. In the confession statement of Sarath recorded on 19.11.2024, he mentioned about the involvement of others named Manoj, Rajesh and Jaleel. Thereupon, Manoj, Rajesh and Jaleel were arrested on 21.11.2024. After recording their arrest the accused were produced before the Judicial Magistrate of First Class, Devikulam and remanded to judicial custody. While so, the petitioners sought the custody of Sarath, Manoj and Rajesh for the purpose of interrogation. The learned Magistrate allowed the prayer and granted custody from 04.12.2024 to 09.12.2024. On completion of the custody period the accused were produced before the Magistrate on 09.12.2024. Later in the day, after meeting their lawyer, the accused complained to the Magistrate that they were subjected to extreme harassment and physical torture by the petitioners.

The Magistrate thereupon directed the accused to be taken for medical examination. After returning from the hospital, Sarath, Manoj and Rajesh submitted written complaints to the Magistrate. The Magistrate accepted the complaints and recorded the sworn statements of the accused on 21.12.2024. Based on the complaints and the sworn statements, the Magistrate took cognisance of the offences punishable under Sections 115(2), 118(1), 120(1), 127(2), 194 and 351(1) read with Section 3(5) of the BNS and issued summons to the petitioners. The cases were thereupon numbered as C.C.Nos.613, 612 and 614 of 2024 on the files of the Judicial Magistrate of First Class, Devikulam.

Crl.M.C.Nos.65 and 86 of 2025

The 2^nd respondent in Crl.M.C.No.65 of 2025 is the 4^th accused in O.R.No.1 of 2024 and was arrested on 14.11.2024. While continuing in judicial custody, the 2^nd respondent submitted a complaint alleging physical torture while he was in the custody of the petitioners. Thereupon, the Magistrate issued notice under Section 223 (1) of BNSS to the petitioners.

2. The 2^nd respondent in Crl.M.C.No.86 of 2025 is the 5^th accused in O.R.No.3 of 2024. He was arrested on 21.11.2024 and at the request of the petitioners, the 2^nd respondent was given to their custody from 23.11.2024 to 26.11.2024. Subsequently, the 2^nd respondent submitted Annexure B complaint to the Magistrate on 17.12.2024, and the Magistrate issued notices to the petitioners under Section 223 (1) of B NSS.

3. Heard Advs.Babu S. Nair for the petitioners, Thomas J Anakallungal and Sreelakshmi Sabu for the accused. Adv.Nagaraj Narayanan, the Special Go