Senior police officers have no role in Kumar's custodial death, HC told

Police Torture

Kochi: Senior police officers are likely to get clean chit over the custodial death of remand prisoner Raj Kumar at Nedumkandam in Idukki district a couple of months ago. In its report to the Kerala High Court, the Special Investigation team (SIT) for the case stated that it did not find any evidence incriminating them in the sensational case.

The SIT also informed the court of the state government's decision to hand over the case to the Central Bureau of Investigation (CBI). Idukki Crime Branch DySP Johnson Joseph mentioned this in an affidavit submitted to the court as reply to a petition moved by Kumar’s relatives, seeking a CBI probe.

Last week the Kerala state government had decided to transfer the investigation to the CBI from the Crime Branch. The national agency will probe everything from the circumstances in which Kumar was taken into custody to his death.

Kumar, the owner of Haritha Finance at Thookupalam and a native of Kolahalamedu in Vagamon, was arrested for financial fraud on June 12. He died in the Peerumade sub-jail on June 21 while on remand. Four police officers were suspended and five others were transferred over the sensational case. K A Sabu, the suspended Sub-Inspector (SI) of the Nedumkandam police station, is the first accused.

Even as the SIT report absolves senior cops, the Kerala government had shunted out Idukki SP KB Venugopal early last month over his lapses that led to the custodial death of Kumar.

In the report to the HC, DySP Joseph also stated that the SIT of the Crime Branch had efficiently probed the case and arrested seven of the accused.

Excerpts from the cop's statement:

Assault over money

Kumar,an accused in a financial fraud case, was kept in unlawful custody from June 12 to 15. The accused in the custodial death case believed that Kumar had stashed away money amassed by defrauding local investors. They wanted to seize the money and divert it. While in unlawful custody, Kumar was twice taken outside the police station but the money involved in the fraud could not be traced. The cops were irked over this and Kumar was brutally assaulted. There were witnesses for this torture, the SIT report states.

Brutal assault

The SIT report also states Kumar had suffered grievous injuries to his thigh muscles, veins and feet due to the cruel assault. Subsequently, he couldn't walk properly.

As per the magistrate’s remand report Kumar had stated that he did not have any complaint against the cops. However, the magistrate had instructed the Peermade sub-jail superintendent to provide medical aid to Kumar.

Kumar complained about the custodial torture to the doctor at the Medical College Hospital, where he was taken on June 19. The doctor had also given statement that Kumar was brought to the hospital on a stretcher. His condition had worsened when he was taken to the taluk hospital from jail on June 21. Other prison inmates too said that Kumar had told them about the custodial torture.

The first postmortem report had termed pneumonia as the cause of the death even while noting the assault injuries on the body. Later a re-postmortem was held after the judicial commission ordered for it. The new autopsy report deduced that the severe injuries could have led to the death and that there were signs of body torture.

Evidence points to murder

The probe team had taken the statements of 304 witnesses. There are direct pieces of evidence, including eyewitness’ account, and circumstantial evidence. The CCTV images of the Nedumkandam police station and the Peermade sub-jail have been sent for forensic examination, the SIT report adds.

Medical records, wound certificate, postmortem and re-postmortem reports, and doctors' statements all back the allegation that the accused had committed the murder, the report concluded.

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