IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 7^TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 CRL.MC NO. 5906 OF 2022 CRIME NO.RC3/08/CBI/SCB/2008 AGAINST THE ORDER/JUDGMENT DATED IN SC NO.369 OF 2016 OF SPE/CBI COURT, THIRUVANANTHAPURAM PETITIONER: Y.R RESTEM, AGED 53 YEARS S/O YAHIYA RAWTHER, PARUTHIYIL HOUSE, MADATHARA P.O, KOLLAM, PIN - 691541 BY ADVS.

THOMAS J.ANAKKALLUNKAL JAYARAMAN S.

LITTY PETER P.VIJAYA BHANU (SR.)

SRUTHY N. BHAT RESPONDENTS:

UNION OF INDIA, REPRESENTED BY THE CENTRAL BUREAU OF INVESTIGATION, CHENNAI UNIT, REPRESENTED BY ITS STANDING COUNSEL, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV SREELAL N.WARRIER, SPL.PUBLIC PROSECUTOR, CENTRAL BUREAU OF INVESTIGATION (CBI)

OTHER PRESENT:

SR. ADV. SRI. P. VIJAYABHANU FOR THE PETITIONER.

SR. ADV. SRI. K.P. SATHEESAN FOR THE CBI.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26.03.25, THE COURT ON 07.04.2025 PASSED THE FOLLOWING:

V.G.ARUN, J = = = = = = = = = = = = = = = = =

Crl.M.C.No.5906 of 2022 = = = = = = = = = = = = = = = = = =

Dated this the 7th day of April, 2025

ORDER

The petitioner is the 1^st accused in S.C.No.369 of 2016 on the files of the Special Court (SPE/CBI), Thiruvananthapuram. The case arose from FIR No.RC 03/08/CBI/SCB/Chennai registered by the Central Bureau of Investigation for offences under Sections 166, 193, 342, 466 and 471 r/w Section 120B of IPC. The allegation against the petitioner is that, while working as the Sub Inspector of Keezhvaipur Police Station, he conspired with accused Nos.2 to 6 and forged two FIRs. The following narration gives a clearer picture of the allegations set out in the final report filed by the CBI;

On 29.06.1999, at around 11:30 am, while Smt.Annamma John of Chakkalayil House was walking through the public road at Cherthode, 5kms away from Mallappally town, Mohanan, a resident of Pariyaram in Mallappally, snatched her gold chain. Thereupon, Annamma John raised alarm and the local people came rushing and caught hold of Mohanan. On receiving information regarding the incident, Head Constable, K.C.Narayanan, along with two other policemen from the Keezhvaipur Police Station came to the spot. A portion of the gold chain snatched by Mohanan was recovered from the spot and the balance, from the place pointed out by him. Thereafter, Mohanan was brought to the Police Station between 12:45 p.m. and 1 pm on 29.06.1999. Later, in the afternoon, Mohanan complained of stomach pain and started vomiting, but was not given medical attention. Although petitioner reached the Police Station by around 10 pm that day, Mohanan's arrest was not recorded. The next day at around 09:30 am, the petitioner along with police party took Mohanan to various places as part of investigation, disregarding his physical condition and without recording his arrest. In the meanwhile, Mohanan complained of stomach pain and vomiting. The petitioner finally got some medicines across the counter and gave it to him. Thereafter, Mohanan was brought back to the Police Station by around 1 pm and he collapsed soon after. Thereupon, petitioner took him to the George Mathen Memorial Hospital, Mallappally by around 01:15 pm and on examination, the duty Doctor found that Mohanan was not showing vital signs of life. Hence the petitioner was advised to take Mohanan to the Medical College Hospital, Kottayam. The police party reached the Medical College with Mohanan by around 03:30 pm and on examination, the duty Medical Officer declared Mohanan to be dead. The postmortem examination revealed that Mohanan had died of peritonitis following rupture of intestine due to the blunt injury sustained to his abdomen. It is alleged that, after returning to the Police Station by around 5 pm on 30.06.1999, the petitioner, along with the other accused, fabricated two FIRs; the first, Crime No.122/1999, was registered for offences under Sections 143, 147, 148, 323 and

324 read with 149 of IPC on the basis of Mohanan's complaint