C.k. Ramachandran v. Cbi

Ashok Menon, J.:— The petitioner is the accused No. 4 in C.P. No. 5/2011 pending on the file of the Chief Judicial Magistrate Court, Ernakulam, a case being investigated by the Central Bureau of Investigation, who are the 1 respondent herein. The specific allegation against the petitioner is of offences punishable under Sections 109 of 348 IPC, 109 of 218 IPC and 109 of 201 IPC.

2. The petitioner submits that he is being considered for conferment of IPS. The case of the 1 respondent herein, is that the petitioner was involved in manipulation of the records and that there were serious supervisory lapses on his part while investigating a Crime No. 246/2010 of Town North Police Station, Palakkad, for offences punishable under Sections 302, 307, 397 and 201 read with Section 34 of the IPC. During the investigation, it allegedly resulted in the custodial death of a suspect named Sampath. The learned Senior Counsel Sri. K.P. Satheesan, appearing for the petitioner submits that in view of the fact that the petitioner is being considered for conferment of IPS and that he has already retired from the state service, a direction may be given that irrespective of this case he may be considered for the conferment of IPS subject to other conditions being favourable.

3. The main allegation herein against the petitioner is that he had committed supervisory lapses also had concocted documents during the investigation. The allegations are serious but conferment of IPS is totally within the domain of the Central Government.

4. Hence, irrespective of the pendency of the present criminal case which may take some more time to conclude, the petitioner can be considered for IPS. It is made clear that the present case may not stand as an embargo in his being considered for the conferment of IPS if he is otherwise found eligible for the conferment of the IPS. The specific allegation taken by the petitioner herein is regarding the want of sanction under Section 197 of the Cr.P.C. That can be considered by the trial court during the trial.

5. With these observations, the Crl.M.C is disposed of.