Merit of kidnap case against CM comes under question

Koovathur police had registered an FIR following a complaint from Madurai MLA S Saravanan, who had levelled charges of kidnap, illegal detention and criminal intimidation against the Chief Minister, AIADMK general secretary and a few others. As per the legal provisions, the police will have to arrest the accused as the IPC Sections 365 (kidnapping) and 506 (1) (punishment for criminal intimidation) are strong sections that attract a jail term of up to seven years. Kidnapping is also a non-bailable offence. However, this case will now be swept under the carpet or dismissed as not genuine, said a top officer. 

However, North Zone IG N K Senthamaraikannan, when contacted, said that the case would definitely takes its legal course. “We will have to first record the statements of both the sides and then proceed as per the merit of the case. We need to see whether there is any merit in the allegations raised by the complainant,” he said. The IG said it was not imperative to arrest the accused and the police, if convinced with the allegations levelled against the accused, could arrest them. “There is also provision to file a chargesheet after investigation without arresting them,” Senthamaraikannan added. 

However, a senior police official said that the genuineness of the complaint would have to be verified before registering an FIR. “In general cases, police verify the genuineness of the complaint before registering an FIR. However, as per CrPC guidelines an FIR can be registered immediately for a cognisable offence and arrests can be made later after detailed investigations,” the senior police official added. 

Sources said such provisions would be scrutinised only when the accused persons were influential. “If an FIR is registered in a kidnapping case after verifying the facts, then the accused will have to be arrested immediately. But when the accused are found to be influential persons, police will take refuge in the CrPC guidelines and delay the arrest in the name of investigation,” another official said. 

Since Edappadi K Palanisamy has been sworn in as the Chief Minister, who also holds the Home portfolio, police in all likelihood would drop the case registered based on the complaint lodged by S Saravanan, dismissing it as a baseless allegation. It would also be difficult for the complainant to prove the allegations that he had raised, so it would not be a difficult task for the police to dismiss the case, sources added.