Updated 30 Nov 2021, 1:14 pm
The Chief Judicial Magistrate, Imphal West on Monday released on bail a bodybuilder who was arrested for allegedly intruding into a VIP motorcade, after furnishing a bail bond of Rs 50,000.
The bodybuilder identified as Thokchom Gyanendra, 26 son of Th Munindro of Heirangoithong Maibam Awang Leikai, Imphal West was arrested on November 26 and remanded into police custody by Duty Magistrate till November 29. Singjamei police on Monday produced him with fifteen days judicial custody before the CJM, Imphal West.
On November 26, Inspector H Sanjoy Meitei, OC Patsoi PS lodged a written report to OC Singjamei PS stating that the security arrangement made by SP-IW in the visit of National President, BJP to Manipur (Hotel Classic Grande to Keinou Makha Leikai, Oinam, Bishnupur) and the visit of the chief minister of Manipur from Hotel Classic Grande to KeinouMakha Leikai, Oinam, Bishnupur, he was deployed as ROP in-Charge from SangaiprouLamkhai to Malom Bazaar in c/w the visit of the above 2(two) VIPs from Hotel Classic Grande to Keinou Makha Leikai, Oinam, Bishnupur.
While the motorcade of the above 2(two) VIPs crossed Sangaiprou Lamkhai towards Imphal International Airport along Tiddim Road, Police Patrol-2 of Lamphel PS which was deployed at Sangaiprou Lamkhai raised an alarm that one Tata Safari Storme EX intruded into the VIP motorcade in the tail part and started moving at high speed as part of the Carcade in a suspicious manner.
The escort party of one of the VIPs also signalled the security personnel deployed on the road for ROP to separate the Tata Safari from the VIP motorcade. The security personnel deployed along the way attempted to separate the Tata Safari from the Carcade, however, the Tata Safari obstructed all the security personnel from discharging their duty and kept on following the Carcade forcefully in a suspicious manner for a long distance till the gate of the 165 TA, Airport Battalion approx. 3.5 km.
All the security personnel deployed along the way, deployed at Imphal Airport Entry Gate raised an alarm and tried to stop the vehicle but it kept on bypassing the instruction at full speed. Finally, when the motorcade slowed down at Malom Bazaar to attend a reception programme for a brief moment, a huge team of security deployment led by the Superintendent of Police, Imphal West himself stopped the vehicle near the gate of 165 TA, Airport Battalion, separate out from the motorcade and asked to identify himself to which he refused to come out of the vehicle or tell his identity.
At the order of S Ibomcha Singh, SP-IW, he got out of the vehicle and questioned the SP-IW using contemptuous language in a very arrogant manner. He even intimidated and tried to assault the SP-IW by quoting his social status and connection with high people in the state. It was suspected to attack the VVIP by using his licence gun. Hence, he was arrested at the spot along with his license gun and vehicle.
The accused filed an application praying to be released on bail by rejecting judicial custody prayer. On the application it was stated that the accused was on his way to Tata Motors’ authorized service centre located at Airport Road to get his vehicle checked, he, unknowingly and unintentionally, got mingled with a group of vehicles. He tried to separate his vehicle from the said group but was obstructed by a white police Gypsy coming from the left side of the road. He was allegedly intimidated and even physically assaulted by the security escort.
It was also submitted that the accused denies all the charges and allegations. Moreover, charges slapped against the petitioner u(/S 307,506 and 353 of the IPC), are not on record to show that the accused has done any acts which would attract the sections of the IPC.
It was submitted that when the accused stopped and got off his vehicle in compliance to the directions of the police personnel and officers, he was brutally beaten by several police personnel to the extent that his hand was broken as a result of such beating and then arrested. All this was done on the ground that the accused had “intruded into a VIP motorcade.”
Such acts of the police personnel do not amount to service to the people. They amount to police brutality and torture, thereby violating his fundamental rights.
The court seen, that the accused by a bonafide mistake, mixed/mingled with the carcade of the VIPs and he even, as submitted by the accused, apologised to the SP Imphal West as he had no knowledge that he drove into the carcade of VIPs as the timing of the incident was traffic rush hours and there were many vehicles plying on the road being election campaign time.
However, the court seems that the accused was brutally beaten up by the police personnel. As a result of which his hand was broken while in police custody. Accordingly, the IO of the case was directed to make an enquiry and submit a detailed report as to how and when the hand of the accused was broken. The IO of the case is further directed to examine the accused at RIMS or JNIMS hospital and a medical report to that effect shall also be submitted to the court by December 13, without fail.
Further the court order to send copy of the order to the DGP Manipur for information and appropriate action, as the case involves the allegation of custodial torture by the police it may be appropriate to appraise the matter to higher authority.
The court found that there is no prima facie evidence of making an attempt to murder u/S 307 IPC by the accused towards the police personnel or any VIP as the case may be; here is no prima facie case that the accused made an attempt to commit an offence u/s 506 IPC (criminal intimidation); there is also no prima facie case that the accused committed an offence punishable u/S 353 IPC (Assault or Criminal force to deter a public servant from discharge of his duty).
On the contrary, it seems, the accused was assaulted by the police after detaining him in police custody causing a broken hand, as claimed by the accused; and there is also no prima facie case made out for committing an offence punishable u/S 27 Arms Act as the gun seized from the accused is a license gun and there is no definite timeline or date fixed as last date for depositing license guns as per orders of October 26 of the Office of the District Magistrate, Imphal West District, Manipur.
Therefore the court release the accused on bail with conditions that the accused should make himself available for interrogation by the IO as and when required, the accused should not commit any offence in the future, the accused should not leave the State of Manipur without prior permission of the court, the accused should not temper or threat the witnesses or the complainant.
First published:30 Nov 2021, 1:14 pm
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