Kerala High Court
Renjith vs State Of Kerala on 26 November, 2019
Author: Ashok Menon
Bench: Ashok Menon
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
TUESDAY, THE 26TH DAY OF NOVEMBER 2019 / 5TH AGRAHAYANA,
1941
Crl.MC.No.6068 OF 2019(G)
AGAINST THE ORDER/JUDGMENT IN SC 177/2014 OF II ADDITIONAL
ASSISTANT SESSIONS COURT,THRISSUR
CRIME NO.1635/2013 OF Town West Police Station , Thrissur
PETITIONERS/ACCUSED1 TO 15:
1 RENJITH
AGED 26 YEARS
S/O. PREMNAVAS, THIRUTHINMEL HOUSE, MANALITHARA
DESOM, WADAKKANCHERY, PIN-680 589.
2 AMAL
AGED 25 YEARS
S/O. ARAVINDAN, THOTTATHIL HOUSE, KUNNAMPUTHUR,
THURAV VILLAGE, THALAPPILLY, PIN-680 301
3 ARUN GOVIND,
AGED 25 YEARS
S/O. RAMACHANDRAN, MADATHIPARAMBIL HOUSE,
NELLIKKAD, KURICHIKKARA VILLAGE, PONGANAMKAD,
PIN-680 631
4 SAJEEVAN,
AGED 24 YEARS
S/O. JAYAN, PUZHAKKAL HOUSE, THANIKKUDAM,
MADAKKATHARA VILLAGE, PIN-680 028
5 KISHORE
AGED 24 YEARS
S/O. VIPINACHANDRAN, THACHAPPARA HOUSE,
VILLADAM, PUTHIYAPALAM DESOM, PIN-680 631
Crl.MC 6068/2019
2
6 ARUN
AGED 25 YEARS
S/O. RAGHAVAN, PULICKAPPARAMBIL HOUSE,
VENGANELLOOR DESOM, CHELAKKARA, PIN-680 586
7 PRAVEEN
AGED 27 YEARS
S/O. KARTHIKEYAN, PATTANI HOUSE, MCCH QUARTERS,
MULAMKUNNATHUKAVU, PIN-680 596
8 ANOOP
AGED 25 YEARS
S/O. RAJU, MANGALAPPILLIYIL HOUSE, PULLAMKANDAM
DESOM, MADAKKATHARA VILLAGE, KATTILAPUVAM, PIN-
680 028
9 VYSAKH,
AGED 26 YEARS
S/O. ARAVINDHAKSHAN, CHERALA HOUSE, KALLOOR
VILLAGE, PIN-680 317
10 AKHIL
AGED 26 YEARS
S/O. GIREESH, KANAKKASSERY (H), GANDHIGRAMAM,
IRINJALAKKUDA, PIN-680 501
11 ASWIN ANAND,
AGED 26 YEARS
S/O. SADANANDHAN, KOTTILINGAL HOUSE, KECHERY
PERUMANNE DESOM, ERANELLOOR VILLAGE.
12 ARJUN
AGED 25 YEARS
S/O. VISWAMBARAN, MECHERI HOUSE, KUTTOOR DESOM,
KOTTOOR VILLAGE, PIN-680 013
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13 SANJAY DEV,
AGED 26 YEARS
S/O. SAHADEVAN, KANNATH HOUSE, IRINGAPPURAM
DESOM, GURUVAYUR VILLAGE, PIN-680 103
14 NIMESH
AGED 25 YEARS
S/O. BABU, MANNAMPLACKAL HOUSE, PERAMANGALAM
DESOM, PIN-680 545
15 NISHID JOSHI @ PINCHU
AGED 25 YEARS
S/O. SUNADH NATH, KIZHAKKEPURACKAL (H),
MOONNUPEEDIKA DESOM, KAIPPAMANGALAM DESOM, PIN-
680 681
BY ADVS.
SRI.C.P.UDAYABHANU
SRI.NAVANEETH.N.NATH
RESPONDENTS/COMPLAINANTS:
1 STATE OF KERALA
REPRESENTED BY THE S.I. OF POLICE, (CRIME NO.
1635/13), THRISSUR WEST POLICE STATION
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
COURT OF KERALA, ERNAKULAM.
2 K.ARJUN
AGED 27 YEARS
S/O. SANKARANKUTTY, KUNNAMKUMARATH VEEDU,
KEERALOOR BHAGOM, THALAPPILLY, PIN-680 541
3 KHINIL, AGED 25 YEARS,
S/O. NANDHAN, (PRATHAP NIVAS), PULIKUNNATHU
HOUSE, ERANELLOOR P.O, MAZHUVANCHERY, PIN-680
501
Crl.MC 6068/2019
4
4 HARIKRISHNAN
AGED 25 YEARS
S/O. KRISHNANKUTTY, THEKKOOT HOUSE, PARALAM
VILLAGE, VENGINISSERY, THRISSUR, PIN-680 575
5 AJITH
AGED 25 YEARS
S/O. HARICHANDRAN, KANIATH HOUSE, ADATT
VILLAGE, THRISSUR, PIN-680 551
6 VYSHAKH
AGED 25 YEARS
S/O. ASHOKAN, VAKKATH HOUSE, VADAKKEKKAD
VILLAGE, PIN-679 562
7 ALEX
AGED 24 YEARS
S/O. DEVASSY, KALAPPURAKKAL HOUSE,
CHELAKKOTTUKARA, THRISSUR, PIN-680 006
8 YADHUKRISHNAN
AGED 24 YEARS
S/O. RADHAKRISHNAN, VELUTHEDATH HOUSE, PUTHOOR
VILLAGE, THRISSUR, PIN-680 014
R2-8 BY ADV. G.SIJI
R2-8 BY ADV. SRI.P.U.PRATHEESH KUMAR
OTHER PRESENT:
SMT.V.SREEJA, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.11.2019, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC 6068/2019
-5-
ASHOK MENON, J.
------------------------------------
Crl.MC No.6068 of 2019
-------------------------------------
Dated this the 26th day of November, 2019
O R D E R
Petitioners are accused 1 to 15 in SC No.177/2014 pending on the files of the IInd Additional Assistant Sessions Court, Thrissur for having allegedly committed offences punishable under Sections 143, 147, 148, 341, 323, 324, 326 and 308 read with Section 149 IPC. The defacto complainant and the injured are impleaded herein as respondent Nos.2 to 8, who have appeared through counsel and filed affidavits to the effect that the matter has been settled between them.
2. The petitioners, the defacto complainant and the injured were all students of Kerala Varma College, Thrissur at the time of the alleged occurrence of the incident. They were politically motivated to get involved in the crime. It is pointed out by the investigating officer that there are similar cases also registered against the accused persons. All those are in connection with the activities at the College. It is now understood that the political rivalry has been amicably settled and the petitioners and the defacto complainant Crl.MC 6068/2019 -6- are no longer students in the College. It is also brought to the notice that there were counter cases which have also been settled between the parties.
3. Considering the fact that the incident had occurred as a result of a clash between two factions of students belonging to SFI and ABVP and that they are not in loggerheads anymore, and also for the reason that the only grievous injury caused is the fracture of the nasal bone of one of the injured, to which the ingredients of offence under Section 308 IPC need not be squarely attracted, this Court is of the opinion that the petition is to be allowed.
In the result, the Criminal M.C. is allowed and the entire proceedings as against the petitioners herein in SC No.177/2014 pending on the files of the IInd Additional Assistant Sessions Court, Thrissur stands quashed under Section 482 Cr.PC and the petitioners are discharged.
Sd/-
ASHOK MENON JUDGE jg Crl.MC 6068/2019 -7- APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN S.C. 117/2014 ON THE FILE OF IIND ADDL. ASST. SESSIONS COURT, THRISSUR.
ANNEXURE A2 SERIES AFFIDAVITS SWORN BY R2 TO R8