Kerala High Court
Valsan R.Nair vs State Of Kerala on 2 March, 2016
Author: B. Kemal Pasha
Bench: B.Kemal Pasha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
WEDNESDAY, THE 2ND DAY OF MARCH 2016/12TH PHALGUNA, 1937
Crl.MC.No. 1035 of 2016
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C.C.NO.2510/2015 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
TRIPUNITHURA
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PETITIONER(S)/ACCUSED NOS.1 & 2 :
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1. VALSAN R.NAIR, AGED 56 YEARS,
S/O.RAMAN NAIR, RADHA VIHAR VEEDU, NADAMA VILLAGE,
EROOR KARA, ERNAKULAM DISTRICT.
2. T.K.SHANAVAS, AGED 54 YEARS,
S/O.KUNJUMUHAMMED, THATTARATHU PARAMBIL VEEDU,
NADAMA VILLAGE, PUTHIYAKAVU KARA.
BY SRI.P.VIJAYA BHANU (SENIOR ADVOCATE)
ADVS. SRI.VIPIN NARAYAN
SRI.V.C.SARATH
RESPONDENT(S)/STATE & COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. INDIAN OIL CORPORATION,
REPRESENTED BY ITS CHIEF PLANT MANAGER,
INDANE BOTTLING PLANT, NADAKKAVU P.O., UDAYAMPEROOR,
ERNAKULAM-682 307.
R1 BY PUBLIC PROSECUTOR SMT.MAYA
R2 BY ADVS. SRI.C.S.DIAS
SRI.N.K.SUBRAMANIAN
SMT.B.BINDU
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 02-03-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Msd.
Crl.MC.No. 1035 of 2016
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APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A: TRUE COPY OF THE F.I.R. IN CRIME NO.1117/2012 OF
UDAYAMPEROOR POLICE STATION.
ANNEXURE B: TRUE COPY OF THE FINAL REPORT IN CRIME NO.1117/2012
OF UDAYAMPEROOR POLICE STATION WHICH IS NOW
PENDING AS C.C.NO.2510/2015 ON THE FILE OF THE COURT
OF JUDICIAL FIRST CLASS MAGISTRATE, TRIPUNITHURA.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.S.TOJUDGE.
Msd.
B. KEMAL PASHA, J.
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CRL.M.C. No. 1035 of 2016
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Dated this the 2nd day of March, 2016
O R D E R
Petitioners are A1 and A2 in C.C.No.2510/2015 of the Judicial First Class Magistrate's Court, Tripunithura, which has arisen from Crime No.1117/2012 of the Udayamperoor Police Station, Ernakulam for the offences punishable under Sections 285 and 337 IPC read with Section 34 IPC and Section 118(e) of the Kerala Police Act.
2. Petitioners were operators employed by the Indian Oil Corporation at the TLD Bay wherein gas was to be unloaded. The allegations against them is that on account of their negligence, the 3rd accused drove a bullet tanker into the non-commissioned bay of the plant and connected the pipe from the bullet tanker to the valve for CRL.M.C.No. 1035 of 2016 -: 2 :- unloading gas. Thereafter, the 3rd accused requested the petitioners to unload the gas. Then only they came to know that the bullet tanker was connected to the non- commissioned bay. They told the 3rd accused that it was a non-commissioned bay and therefore, he should remove the lorry from there. Then the 3rd accused negligently took the lorry without disconnecting the pipe from the valve, thereby the pipe became broken and there occurred leakage of gas. Immediately the petitioners and others stopped the leakage and prevented any chance of fire. It seems that the 3rd accused has pleaded guilty and he was sentenced. The prosecution proceedings are being continued against the petitioners.
3. On hearing the learned Senior Counsel for the petitioners, the learned Standing Counsel for the 2nd respondent and the learned Public Prosecutor, it has come out that it was without the knowledge and consent of the petitioners that the 3rd accused drove the lorry into the non- CRL.M.C.No. 1035 of 2016 -: 3 :- commissioned bay and connected the pipe to the valve for unloading the gas. It was only when the request for unloading the gas was forwarded by him to the petitioners, they came to know about it. The petitioners were not expected to be present at the non-commissioned bay. It seems that it was a mistake on the part of the concerned security guards at the gate in not directing the 3rd accused properly not to take the lorry to the non-commissioned bay and that has resulted in the 3rd accused taking the lorry into the non-commissioned bay.
4. At any stretch of imagination, the petitioners cannot be fastened with any liability in the matter. Matters being so, further prosecution of the petitioners in C.C.2510/15 is quite unnecessary and there is no possibility of a conviction also. Therefore, all further proceedings in C.C.2510/2015 of the Judicial First Class Magistrate's Court, Tripunithura, as against the petitioners, based on Annexure B final report in Crime No.1117/2012 of the Udayamperoor Police Station, CRL.M.C.No. 1035 of 2016 -: 4 :- can be quashed.
In the result, this Crl.M.C. is allowed and all further proceedings in C.C.2510/2015 of the Judicial First Class Magistrate's Court, Tripunithura, as against the petitioners, based on Annexure B final report in Crime No.1117/2012 of the Udayamperoor Police Station, are hereby quashed.
Sd/- B. KEMAL PASHA, JUDGE.
ul/-
[True copy] P.S. to Judge