Sub-Judge Santosh Das directed the accused SI to furnish a security of ₹25 lakh or to show cause as to why he should not furnish such security.
The Court ordered that the property of the accused be attached as an interim measure.
“In the meantime, the property in schedule No. 2 (property belonging to the SI) of this petition will be put under conditional attachment,” the Court ordered.
The order was passed on an application filed by the aggrieved lawyer, C Jayakumar in connection with his suit for compensation from officials of the Karunagappally Police Station, who were allegedly responsible for his custodial torture.
On considering the rival arguments, the Court found that a strong prima facie case was made out by the lawyer against the police personnel and that there was a likelihood that the suit for compensation will succeed.
Hence, it allowed the lawyer’s application in so far as the SI’s property was concerned.
“It is affirmed by the petitioner that this respondent (SI) is taking hasty steps to alienate petition schedule No. 2 property and if that is permitted, the scope of the execution of the decree that may be passed against this respondent would become bleak,” the Court reasoned.
Source: Barandbench
