Supreme Court Summons Ernakulam Asst Police Commissioner Over Failure To Register FIR On Complaint
The Supreme Court has summoned the Assistant Commissioner of Police (ACP), Ernakulam, to personally appear before it in a case concerning the alleged failure of the Kerala Police to act on a complaint involving the outraging of the modesty of a woman belonging to the SC/ST category despite supporting medical evidence.
A bench of Justice Ahsanuddin Amanullah and Justice R. Mahadevan heard a plea filed by an accused challenging a Kerala High Court order refusing anticipatory bail in connection with an alleged assault and criminal trespass case registered at Panangad Police Station.
The controversy stems from an order passed by the Kerala High Court on February 11, 2026, in a batch of anticipatory bail applications arising out of an FIR registered at Panangad Police Station. The High Court, while partly granting anticipatory bail to some accused persons, had refused pre-arrest bail to accused Nos. 1 to 3 and 5 after noting that the first information statement attributed specific overt acts to them, including criminal trespass and assault with a weapon.
Notably, the High Court had also recorded submissions made on behalf of accused No.4, a woman accused in the case, that she herself had allegedly been molested by the de facto complainant. The High Court took note of this allegation while granting her anticipatory bail.
When the matter reached the Supreme Court, counsel for the petitioner argued that before the FIR against the accused persons was registered, one of the co-accused had already approached the police regarding the very same incident alleging outraging of modesty of a Scheduled Caste/Scheduled Tribe woman. It was further pointed out that the complaint was supported by medical records evidencing injuries, yet the police allegedly failed to register even a preliminary FIR.
Expressing serious concern over the conduct of the police authorities, the bench, earlier on April 2, 2026, observed that such inaction directly impacts public faith in the criminal justice system and the functioning of the police machinery.
“This is the issue which has a larger implication as it relates to the faith of the general public in the police when they approach it with any complaint supported by some evidence to begin with and the police does not even bother to take the next obvious step of at least initiating/lodging a proceeding,” the Court had observed in an earlier order.
The Court had also expressed surprise that, despite the issue being specifically raised in the pleadings, the State's counter-affidavit failed to provide any explanation regarding the police inaction.
“In view of our previous order dated 02.04.2026, an affidavit has been filed on behalf of the respondent no.1-State of Kerala. We find the same to be thoroughly unsatisfactory as the basic point, as to why, immediately upon receipt of the complaint filed by the petitioner, a formal FIR was not registered, has not been answered, despite it being an admitted fact that the complaint sent through the post was received by the Assistant Commissioner of Police, District Ernakulam, Kerala on 08.01.2026.”, the court observed.
Resultantly, the Court ordered the personal presence of the Ernakulam ACP to seek an explanation for an alleged default on the part of the Police to register a complaint.
“Accordingly, we direct the Assistant Commissioner of Police, District Ernakulam, Kerala, to be personally present before the Court on 15.05.2026, when the matter be listed at the top of the Board, to explain, as to why, upon receipt of the complaint through post, no formal FIR was registered.”, the court ordered.
Cause Title: ATHUL THOMAS VERSUS STATE OF KERALA AND ANR.