Nedumkandam custodial death: CBI tells Kerala HC victim was brutally tortured by police

Source:-https://www.newindianexpress.com

KOCHI: The Central Bureau of Investigation (CBI) on Monday submitted before the Kerala High Court that Rajkumar, who was taken in custody by the Nedumkandam police, Idukki, was brutally tortured at the police station. CBI is probing the alleged custodial torture of Rajkumar, who died in June 2019.

The CBI made the submission when the anticipatory bail plea of the then Idukki SP KB Venugopal in the custodial death case came up for hearing.

According to CBI, Rajkumar was brutally tortured at the office of SI and was taken to the retiring rooms upstairs of the Nedumkandam police station on June 12, 2019. He was further taken to Kolahalamedu on the same night for recovery of cash by a gang of police officers under the leadership of SI Sabu KA, first accused in the case. Failing to make recovery, Rajkumar was brutally beaten by the police at Kolahalamedu in the presence of his neighbours. Then he was taken to the first floor of the police station and was tortured in the early morning hours on June 13. There were statements of the witness that the information of custody of Rajkumar was shared with the senior officers in police and this fact is being thoroughly probed and verified.

CBI submitted that KB Venugopal was the Superintendent of Police and District Police Chief, Idukki during the relevant period of time and being the supervisory officer. It was his prime responsibility that illegal custody and police torture of the accused or suspect does not occur in his jurisdiction. Rajkumar was in illegal custody from June 12, 2019, to June 15 and died on June 21 at Taluk Hospital while in Judicial custody.

The CBI has so far examined 31 witnesses and collected documents including Call Detail Records (CDRs), documents from Jail, hospital and police department. Appearing for CBI, Advocate Thoshin VS submitted that the arrest, if any, of the petitioner will be executed, based on evidence only, and in accordance with the law.

CP Udayabhanu, counsel for the petitioner submitted that he is cooperating with the investigation and he was subjected to a polygraph test. But he still apprehends that he will be arrested, hence he filed the anticipatory plea a second time. The High Court had directed the CBI not to arrest the petitioner unless the notice under section 41 (A) of CrPC was served on him. No such notice was served yet on the petitioner. And the CBI has filed an objection stating that they did not intend to arrest as of now. The court said that under such circumstances, the apprehension of arrest was misplaced.

Justice Ashok Menon while dismissing the anticipatory bail plea made it clear that he shall be arrested only after serving the notice under section 41 (A) of CrPC.

CBI further submitted that there are no reasonable grounds for the petitioner to apprehend arrest on an accusation of non-bailable offence at this point of time was premature. The CBI has not formed a final opinion about including the SP as an accused in the case and he need only co-operate with the CBI in the investigation. He needs to appear before the CBI only as and when required by the agency. The accused persons, who are the police officers, had committed a very serious offence. The postmortem established that Rajkumar died due to custodial torture.

The petitioner deposed before the CBI that he was not aware of the illegal activities committed by the accused. None of the officials from Nedumkandam police station had informed him about the illegal detention of Rajkumar.

CBI submitted that the investigation is being carried out to unearth the conspiracy and custodial torture and any other criminal lapses on the part of officers.