Kerala HC Acquits Police in Custodial Death Case
Four officers freed due to flawed CBI investigation.
The Kerala High Court has acquitted four former police officers previously convicted in 2018 for the custodial death of 28-year-old Udayakumar in 2005, citing a “flawed and tainted” investigation by the Central Bureau of Investigation (CBI). The bench, comprising Justices Raja Vijayaraghavan V and K V Jayakumar, overturned the sessions court’s ruling, which had sentenced one officer to death and others to varying terms, declaring the evidence insufficient and the probe riddled with irregularities.
Udayakumar was detained by Fort Police Station officers in Thiruvananthapuram on September 27, 2005, at 2:15 AM while at Sreekanteswaram Park with a friend. The prosecution alleged he was subjected to brutal custodial interrogation at the Circle Inspector’s office, resulting in severe thigh injuries that caused his death at Medical College Hospital by 11:40 PM that day. The sessions court had labeled the incident as custodial violence under the guise of police authority.
The High Court’s 142-page judgment slammed the CBI’s investigation as “high-handed” and “illegal,” accusing the agency of coercing witnesses into becoming approvers and manipulating their testimonies to fit a predetermined narrative. The court highlighted procedural violations, including filing pardon applications before an unauthorized court and submitting supplementary reports to a court lacking jurisdiction. “This amounts to a serious failure of justice,” the bench stated, noting that the accused were denied a fair trial.
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The judgment pointed to major contradictions in prosecution witnesses’ testimonies, most of whom were approvers, and glaring investigative defects that undermined the case. “A tainted investigation has led to the collapse of the prosecution’s case in this gruesome death,” the court declared. Of the six originally accused officers, one died during the trial, and another, also sentenced to death, passed away during the appeal process.
The acquittal has sparked outrage among Udayakumar’s family and activists, who argue it denies justice for a clear case of custodial torture. The case, transferred to the CBI following the family’s plea, had been seen as a landmark effort to hold police accountable. Legal experts suggest the ruling could prompt calls for reforming investigative procedures to prevent similar failures. As debates over police accountability intensify, the Kerala High Court’s decision marks a controversial chapter in the fight against custodial violence.
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