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2026 Supreme(Online)(Ker) 5757

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
VISWAMBARAN ASARY – Appellant
Versus
THE DISTRICT POLICE COMPLAINTS AUTHORITY – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.K.RAZIA
For the Respondents: SRI.LATHEESH SEBASTIAN, SMT. AMMINIKUTTY K., SR.GP

JUDGMENT

Petitioner challenges the order of the 1st respondent dismissing a complaint filed by him against respondents 3 to 8.

2. The complaint raised by the petitioner is against a brutal attack on his son Sri.Sanoj by respondents 3 to 8. According to the complainant on 25.10.2009, the police officers of Peroorkada Police Station took Sri.Sanoj into custody at a time when he was undergoing treatment for mental illness. Sri.Sanoj was taken into custody without informing his parents or friends and when he did not return home, his parents enquired around and soon realised that he was taken into custody. By the time Sri.Sanoj released on bail, he had been subjected to severe assault as evidenced by the wound certificate. Though the petitioner raised complaints before the higher police officials, it did elicit any response and hence the complaint was filed before the 1st respondent.

3. Initially, by Ext.P3 order, the 1st respondent came to the conclusion that the police had manhandled petitioner's son and issued a direction to impose a warning on the respondents for using third degree methods against persons taken into custody by them. Dissatisfied by the order, petitioner preferred WP(C

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