Kerala High Court
Balamukundan vs State Of Kerala on 14 February, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 20TH DAY OF MARCH 2017/29TH PHALGUNA, 1938
Crl.MC.No. 1779 of 2017 ()
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AGAINST THE ORDER/JUDGMENT IN CC 898/2010 of J.M.F.C.-II,ATTINGAL
CRIME NO. 48/2007 OF MANGALAPURAM POLICE STATION,
THIRUVANANDAPURAM
PETITIONER(S)/PETITIONER/ACCUSED:
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BALAMUKUNDAN,
S/O.PADMANABHAN KURUP,LEKSHMI NIVAS,
NEAR CASHEW NUT FACTORY,ANDOOR,KURAKKADA,
KIZHUVILAM VILLAGE, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT.
BY ADV. SRI.M.ABDUL RASHEED
RESPONDENT(S)/RESPONDENTS/COMPLAINTS:
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1. STATE OF KERALA,
REPRESENTED BY STATION HOUSE OFFICER,
MANGALAPURAM POLICE STATION,
THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM-682031.
2. JAINI,
AGED 42 YEARS,D/O.SAVITHRI,PUTHEN VEEDU,
NEAR SAHRIDAYA LIBRARY,
KAILATHUKONAM,VEILOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT-695001.
R2 BY ADV. SRI.AJAYA KUMAR. G
BY PUBLIC PROSECUTOR:SRI AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
20-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1779 of 2017 (
APPENDIX
PETITIONER(S)' EXHIBITS
ANNX.A1 CERTIFIED COPY OF THE F.I.R.IN CRIME NO.48/2007 OF
MANGALAPURAM POLICE STATION
ANNX.A2 CERTIFIED COPY OF THE CHARGE SHEET IN C.C.519/2007
ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,ATTINGAL
ANNX.A3 AFFIDAVIT OF 2ND RESPONDENT/DE-FACTO COMPLAINANT
DATED 14.2.2017.
RESPONDENT(S)' EXHIBITS:NIL
True Copy / P A to Judge
SUNIL THOMAS, J.
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Crl.M.C.No.1779 of 2017
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Dated this the 20th day of March, 2017
ORDER
Petitioner herein along with four other accused was chargesheeted in a crime arising from Crime No.48 of 2007 of Mangalapuram Police Station for offences punishable under sections 427, 451 and 34 of the Indian Penal Code.
2. The prosecution alleged that the petitioner herein along with the remaining accused caused bodily injuries to the de facto complainant on 21.01.2007, after trespassing into the house. They also ransacked the house, it was alleged. On the basis of the complaint, crime was registered and after investigation, final report was laid.
3. All accused except the petitioner herein faced the trial in C.C.No.519 of 2007 of the Judicial First Class Magistrate Court-II, Attingal. It is stated that all accused except the petitioner herein faced the trial before the court below and they were acquitted. The judgment of the court below is not placed on record by the petitioner herein. However, learned Public Prosecutor on instructions submitted that the other accused were acquitted on the basis of the settlement arrived at between the parties on 22.11.2010. The case against the petitioner herein was split up and Crl.M.C.1779/17 2 is now pending as C.C.No.898 of 2010.
4. In the light of above, I am satisfied that no purpose will be served by prosecuting the petitioner herein. It was also stated that the de facto complainant has now settled the matter with the petitioner herein evidenced by Annexure-A3. Learned counsel for the second respondent reiterated the averments contained in Annexure-A3.
5. It is pertinent to note that the incident happened in the year 2007. Though all other accused participated in the proceedings before the court, petitioner herein kept elusive throughout the proceedings. He has approached this Court after a long time. Definitely, petitioner has contributed to the delay in the judicial proceedings. In the light of above, I am inclined to impose cost on him for causing delay in the judicial proceedings. I feel that, interest of justice will serve if the petitioner deposits a sum of Rs.2,000/- (Rupees two thousand only) to the Kerala Legal Services Authority, Ernakulam within one month from today and file proof before the trial court.
In the result, Crl.M.C is allowed. All further proceedings arising from Crime No.48 of 2007 of Mangalapuram Police Station will stand quashed on condition that the petitioner Crl.M.C.1779/17 3 deposits a sum of Rs.2,000/- (Rupees two thousand only) to the Kerala Legal Services Authority, Ernakulam within one month from today and file proof before the trial court.
Sd/-
SUNIL THOMAS Judge Sbna/20/3/17 True Copy / P A to Judge