Kerala High Court
Gopalan Adiyodi Vakkeel Smaraka Trust vs State Of Kerala on 10 August, 2017
Author: Dama Seshadri Naidu
Bench: Antony Dominic, Dama Seshadri Naidu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
WEDNESDAY, THE 23RD DAY OF MAY 2018 / 2ND JYAISHTA, 1940
WP(C).No. 32894 of 2017
PETITIONER:
GOPALAN ADIYODI VAKKEEL SMARAKA TRUST
TIRUVANGAD, THALASSERY, KANNUR, (REG. NO.239/98)
REPRESENTED BY ITS SECRETARY, R.K.PREMDAS,
RESIDING AT RAYAROTHHOUSE, PARAPRAM, KANNUR,
THALASSERY, KANNUR DISTRICT.
BY ADVS.SRI.R.V.SREEJITH
SRI.SUSEEL M.MENON
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 695001.
2. THE STATE POLICE CHIEF,
POLICE HEADQUARTERS, THIRUVANANTHAPURAM.695001.
3. THE CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY ITS DIRECTOR, CBI HEADQUARTERS,
NEW DELHI. 100001.
4. THE SPECIAL CRIME UNIT,
CENTRAL BUREAU OF INVESTIGATION,
THIRUVANANTHAPURAM. 695001.
5. UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
HOME DEPARTMENT, NEW DELHI. 100001.
6. MINISTRY OF PERSONNEL,
PUBLIC GRIEVANCE & PENSION, GOVT. OF INDIA,
REPRESENTED BY ITS SECRETARY, NEW DELHI.100001.
R5-R6 BY ADV. SRI.SUVIN R.MENON, CGC
R3 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
RADDL.7 BY ADV. SRI.B.RAMAN PILLAI (SR.)
WPC No.32894/2017 2
RADDL.7 BY ADV. SRI.M.SUNILKUMAR
RADDL.7 BY ADV. SRI.SUJESH MENON V.B.
RADDL.7 BY ADV. SRI.THOMAS ABRAHAM (NILACKAPPILLIL)
R1 & 2 BY SR. GOVERNMENT PLEADER SRI P.NARAYANAN
SR.G.P.SRI V.MANU
R1 BY ADV. SRI. P.NARAYANAN (SR. GOVT. PLEADER)
R2 BY ADV. SRI. HARIN P.RAVAL (SR.)
R1 BY ADV. SRI. V.MANU (SR. GOVT. PLEADER)
R2 BY ADV. SRI. SUMAN CHAKRAVARTHY (SR. GOVT. PLEADER)
R1,R2 BY ADVOCATE GENERAL SRI C.P.SUDHAKARA PRASAD
R1-R2 BY DIRECTOR GENERAL OF PROSECUTION SRI MANJERI SREEDHARAN NAIR
R BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2017
THE COURT ON 23-05-2018, DELIVERED THE FOLLOWING:
WPC No.32894/2017 3
WP(C).No. 32894 of 2017 (S)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE FIR IN CRIME NO.1056/2016 OF
DHARMADOM POLICE STATION, KANNUR.
EXHIBIT P1(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P1
EXHIBIT P2 TRUE COPY OF FIR IN CRIME NO.61/2017 OF
DHARMADOM POLICE STATION, KANNUR.
EXHIBIT P2(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P2
EXHIBIT P3 TRUE COPY OF THE FIR IN CR.NO.1192/2016 OF
PAYYANNUR POLICE STATION REGISTERED IN
CONNECTION WITH THE MURDER OF LATE C.K
RAMACHANDRAN.
EXHIBIT P3(a) THE TRUE TRANSLATION OF EXHIBIT P3
EXHIBIT P4 TRUE COPY OF THE FIR IN CRIME NO.0510/2017 OF
PAYYANNUR POLICE, KANNUR.
EXHIBIT P4(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P4
EXHIBIT P5 TRUE COPY OF THE FIR IN CR.NO.888/2016 OF THE
KASABA POLICE STATION, PALAKKAD.
EXHIBIT P5(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P5
EXHIBIT P6 TRUE COPY OF THE FIR IN CR.NO.220 OF 2017 OF
KADAKKAL POLICE STATION, KOLLAM.
EXHIBIT P6(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P6
EXHIBIT P7 TRUE COPY OF THE FIR IN CR. NO.879/2017 OF
SREEKARYAM POLICE STATION,
THIRUVANANTHAPURAM.
EXHIBIT P7(a) TRUE ENGLISH TRANSLATION OF EXHIBIT P7
EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
FATHER OF LATE RAJESH TO THE CHIEF SECRETARY,
DATED 10.8.2017.
RESPONDENT'S EXHIBITS:
EXT.R1(a) TRUE COPY OF THE CHART OF INCIDENCE AND RATE OF VIOLENT CRIMES DURING
2010 PUBLISHED BY THE NATIONAL CRIME RECORDS BUREAU.
EXT.R1(b) TRUE COPY OF THE CHART OF INCIDENCE AND RATE OF VIOLENT CRIMES DURING
2014 PUBLISHED BY THE NATIONAL CRIME RECORDS BUREAU.
EXT.R1(c) TRUE COPY OF THE CHART SHOWING MOTIVES OF MURDER AND CULPABLE
HOMICIDE NOT AMOUNTING TO MURDER DURING 2010.
WPC No.32894/2017 4
EXT.R1(d) TRUE COPY OF CHART SHOWING MOTIVES OF MURDER AND CULPABLE HOMICIDE
NOT AMOUNTING TO MURDER DURING 2014.
EXT.R1(e) TRUE COPY OF THE CHART SHOWING THE CASES REPORTED, VICTIMS (V) AND RATE
OF COGNIZABLE CRIMES (IPC) UNDER DIFFERENT CRIME HEADS DURING 2015.
EXT.R1(f) TRUE COPY OF THE CHART SHOWING IPC CASES REGISTERED FROM 2008 TO 2016 IN
THE STATE OF KERALA.
EXT.R1(g) TRUE COPY OF THE CHART SHOWING THE IPC CASES REGISTERED FROM 2010-2016 IN
KANNUR DISTRICT.
EXT.R2(a) TRUE COPY OF THE EXECUTIVE DIRECTIVE-10/2017 DTD.5.5.2017 ISSUED BY THE
STATE POLICE CHIEF.
EXT.R2(b) TRUE COPY OF THE LETTER NO.T5/77026/2017/PHQ DTD.24.7.2017 ISSUED BY THE
STATE POLICE CHIEF.
EXT.R2(c) TRUE COPY OF THE FINAL REPORT IN CRIME NO.1056/16 OF DHARMADOM POLICE
STATION.
EXT.R2(d) TRUE COPY OF THE FINAL REPORT IN CRIME NO61/2017 OF DHARMADAM POLICE
STATION.
EXT.R2(e) TRUE COPY OF THE FINAL REPORT IN CRIME NO.1192/16 OF PAYYANNUR POLICE
STATION.
EXT.R2(f) TRUE COPY OF THE FINAL REPORT IN CRIME NO.510/17 OF PAYYANNUR POLICE
STATION.
EXT.R2(g) A COPY OF THE FINAL REPORT IN CRIME NO.879/17 OF SREEKARYAM PS.
TRUE COPY
P.STO JUDGE
CSS/
C.R.
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
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W.P.(C)No. 32894 of 2017 (S)
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Dated this the 23rd day of May 2018
JUDGMENT
Dama Seshadri Naidu, J. Introduction:
Public, Private, Political, Promotional: all have the same initial letterb