Kerala High Court
Sherley Johny vs State Of Kerala on 26 May, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:37157
CRL.MC NO. 596 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
CRL.MC NO. 596 OF 2025
CRIME NO.980/2013 OF POONTHURA POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT IN CC NO.2911 OF 2018 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -V, THIRUVANANTHAPURAM
(SPECIAL COURT-MARKLIST CASES)
PETITIONER:
SHERLEY JOHNY,
AGED 45 YEARS
T.C. 47/221 (NEW T.C 66/55), PALLINILAKOM,
POONTHURA P.O, THIRUVANANTHAPURAM, PIN - 695027
BY ADVS.
C.R.SURESH KUMAR
AMRUTHA SURESH
VINEETH V.T.
RESPONDENT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY SRI. M.P. PRASANTH, PP.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.05.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:37157
CRL.MC NO. 596 OF 2025
2
ORDER
Petitioner is the accused in Crime No. 980 of 2013 registered at the Poonthura Police Station for the offence under Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984, now pending as CC.No.2911 of 2018 on the files of the Judicial First Class Magistrate Court-V, Thiruvananthapuram. The crime is registered on the allegation that a canopy shed for marketing of fish built utilizing MPLAD funds of Rs.1,30,000/-was unauthorizedly demolished by a group of people under the petitioner's leadership, at the time when she was a Councilor representing Poonthura Ward in the Thiruvananthapuram Corporation. The petitioner is seeking to get the proceedings against her quashed contending that, registration of the crime and further proceedings thereon are politically motivated.
2. Learned counsel for the petitioner submits that the petitioner was admitted in hospital on 25.08.2013 and had delivered her baby through Cesarean section on the same day. Therefore, the allegation that the petitioner was physically 2025:KER:37157 CRL.MC NO. 596 OF 2025 3 present and had instigated the demolition is preposterous. In this regard, attention is drawn to Annexure A3 communication of the Superintendent of the Government Women and Child Hospital, Thiruvananthapuram, that the petitioner had given birth to a girl child on 25.08.2013 through Cesarean section and Annexure A4 birth certificate.
3. I heard the learned Public Prosecutor also.
4. A perusal of the records reveal that, apart from stating that the canopy shed was demolished at the instance of the petitioner, none of the witnesses had actually seen the demolition. Being so, the statement that it was done at the instance of the petitioner is just the assumption of those witnesses. Coupled with that is the fact that the petitioner had undergone a Cesarean section and given birth to a child on 25.08.2013. Here, it is pertinent to note that, according to the prosecution, the shed was demolished on some date prior to 03.09.2013. Hence, there is not even a remote possibility of the petitioner being convicted based on the materials produced by the prosecution. The continuance of proceedings in such circumstances will be an empty formality.
2025:KER:37157 CRL.MC NO. 596 OF 2025 4 For the aforementioned reasons, the Crl.M.C. is allowed and all further proceedings in CC.No.2911 of 2018 on the files of the Judicial First Class Magistrate Court-V, Thiruvananthapuram, as against the petitioner, is quashed.
Sd/-
V.G.ARUN JUDGE SPV 2025:KER:37157 CRL.MC NO. 596 OF 2025 5 APPENDIX OF CRL.MC 596/2025 PETITIONER'S ANNEXURES ANNEXURE A1 A CERTIFIED COPY OF THE FIRST INFORMATION REPORT ALONG WITH FIRST INFORMATION STATEMENT IN CRIME NO.980/2013 DATED 09/10/2013 ANNEXURE A2 A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO: 980/2013 OF POONTHURA POLICE STATION DATED 05/01/2014 ANNEXURE A3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF GOVERNMENT HOSPITAL FOR WOMEN AND CHILDREN, THYCAUD, THIRUVANANTHAPURAM DATED 20/11/2024 ANNEXURE A4 A TRUE COPY OF THE BIRTH CERTIFICATE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM DATED 08/11/2013 RESPONDENT'S ANNEXURE: NIL //TRUE COPY// PA TO JUDGE