Kerala High Court
* Status Of The Petitioner Is Corrected ... vs State Of Kerala on 5 July, 2017
Author: K. Abraham Mathew
Bench: K.Abraham Mathew
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 5TH DAY OF JULY 2017/14TH ASHADHA, 1939
Crl.MC.No. 685 of 2017
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CRIME NO. 3388/2016 OF KOTHAMANGALAM POLICE STATION
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* PETITIONER(S)/ACCUSED (CORRECTED) :
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* STATUS OF THE PETITIONER IS CORRECTED AND SUBSTITUTED AS 'DEFACTO
COMPLAINANT' INSTEAD OF 'ACCUSED' AS PER ORDER DATED 05.07.2017 IN
CRL.M.A.NO.6495 OF 2017.
1. ST.JOSEPH CATHOLIC CHURCH,
NELLIKUZHY, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PINCODE-686 691,
REPRESENTED BY THE VICAR,
FR. GEORGE PALLIKKUNNEL, AGED 46 YEARS,
S/O. JOSEPH.
2. ANTONY ELICHIRA,
S/O. JOSEPH, AGED 50 YEARS,
RESIDING AT ELICHIRA HOUSE,
NELLIKUZHY, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PINCODE-688891,
TRUSTEE, ST. JOSEPH CATHOLIC CHURCH,
NELLIKUZHY.
3. BIJU KUNNAMKUZHAKKAL,
AGED 39 YEARS, S/O PATHROSE,
RESIDING AT KUNNAMKUZHAKKAL HOUSE,
NELLIKUZHY, KOTHAMANGALAM,
ERNAKULAM DISTRICT, PINCODE-686 691,
TRUSTEE, ST. JOSEPH CATHOLIC CHURCH,
NELLIKUZHY.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENT(S)/STATE :
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1. STATE OF KERALA,
REPRESENTED BY THE CHIEF SECRETARY,
GOVERNMENT SECRETARIATANNEXE, TRIVANDRUM-695 001.
..2/-
..2..
Crl.MC.No. 685 of 2017
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2. DIRECTOR GENERAL OF POLICE,
POLICE HEAD QUARTERS, TRIVANDRUM-695 001.
3. SUPERINTENDENT OF THE POLICE (RURAL),
ALUVA, ERNAKULAM DISTRICT,
PINCODE-683 501.
4. CIRCLE INSPECTOR OF POLICE,
KOTHAMANGALAM POLICE STATION,
PINCODE-686 691.
5. SUB INSPECTOR OF POLICE
KOTHAMANGALAM POLICE STATION,
PINCODE-686 691,
(INVESTIGATING OFFICER IN CRIME NO. 3388/2016 OF
KOTHAMANGALAM POLICE STATION).
6. CRIME BRANCH,
REPRESENTED BY THE SUPERINTENDENT OF POLICE,
(CRIME BRANCH), PALARIVATTAM, COCHIN-682 025.
BY PUBLIC PROSECUTOR SMT. REKHA.C.NAIR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 05-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 685 of 2017
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A1 THE NEWS REPORT WITH PHOTOGRAPH PUBLISHED IN
THE MALAYALA MANORAMA DAILY NEWS PAPER
DATED 20.12.2016 WITH REGARD TO THIS INCIDENT.
ANNEXURE A2 TRUE COPY OF THE FIRST INFORMATION REPORT
DATED 19.12.2016 REGISTERED BY THE KOTHAMANGALAM
POLICE IN CRIME NO.3388/2016.
ANNEXURE A3 TRUE COPY OF THE REPORT PUBLISHED IN THE MALAYA
MANORAMA DAILYNEWS PAPER DATED 27.12.2016
REPORTING ABOUT THE ARREST OF THREE PERSONS IN
CONNECTION WITH THE CRIME.
ANNEXURE A4 THE TRUE COPY OF THE REPRESENTATION
DATED 27.12.2016 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT/DIRECTOR GENERAL OF
POLICE.
ANNEXURE A5 TRUE PHOTOGRAPHS SHOWING THE DESTRUCTION
OCCURRED IN THE ATTACK.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
K. ABRAHAM MATHEW, J.
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Crl.M.C No.685 of 2017
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Dated this the 5th day of July, 2017
O R D E R
On 18.12.2016 at 10.30 p.m, somebody trespassed into the chapel attached to the St.Joseph Catholic Church, Nellikuzhy and committed mischief by smashing front glass door at the entrance of the chapel. The Police registered Crime No.3388/2016 of Kothamangalam Police Station for the offences under Sections 153, 427 and 449 of Indian Penal Code.
2. The investigation has revealed that the three accused, who have been identified, were the culprits. The investigating officer, the 5th respondent-Sub Inspector of Police, is of the opinion that the incident was not intentional, but the first accused did so accidentally under the influence of alcohol. The petitioners are not satisfied with it. Their request is to appoint a Special Investigation Team to investigate into the incident.
3. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
Crl. M.C No.685/2017 2
4. I have perused the Case Diary. The door which was smashed in the incident was of a big size. It is doubtful whether it was smashed by the first accused accidentally. The photographs produced along with this Crl.M.C indicate that the finding of the investigating officer may not be correct. The petitioners have also a case that the accused had visited the place before the incident and made preparations for the commission of offence.
5. It appears that the apprehension of the petitioners that the truth has not come out fully is justified. I think it is proper to entrust the investigation to the local Deputy Superintendent of Police.
In the result, this Crl.M.C is allowed. The 3rd respondent is directed to entrust the investigation of the case to the local Deputy Superintendent of Police, who shall conduct the investigation under the supervision of the former.
Sd/-
K. ABRAHAM MATHEW JUDGE smp