Kerala High Court
K.K. Rajeevan vs State Of Kerala on 30 November, 2021
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
CRL.MC NO. 5520 OF 2021
SC 403/2014 OF PRINCIPAL ASSISTANT SESSIONS COURT, THALASSERY
CRIME NO. 367/2000 OF KUTHUPARAMBA POLICE STATION
PETITIONER/ACCUSED:
K.K. RAJEEVAN
AGED 45 YEARS
S/O. KUNHIKANNAN,
KANHIRAKUNNUMMAL HOUSE,
P.O CHRUVANCHERY,
THALASSERI, PIN 670 101
BY ADV. P.P.RAMACHANDRAN
RESPONDENT/COMPLAINANT:
STATE OF KERALA
(SHO KUTHUPARAMBA)
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN 682 031
BY SRI. M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.11.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.5520 OF 2021 2
ORDER
Petitioner is the sole accused in S.C. No. 403/2014 which is a refiled case from S.C. No. 406/2002 on the file of the Principal Assistant Sessions Court, Thalassery. That case had originated from the final report in Crime No. 367/2000 of Kuthuparmba police station where the petitioners and 16 others faced allegations under Sections 143, 147, 148, 353, 395, 324 and 332 read with 149 of the Indian Penal Code and under Sections 3 and 5 of the Explosive Substances Act and under Section 136(f) of the Representation of Peoples Act. It seems that the alleged incident had happened inside a polling booth, where the panchayat election was being conducted in the year 2000. It is alleged that as part of booth capturing, the accused had hurled bomb and created a scene and also committed various acts of mischief inside the booth. The crime was registered against 50 identifiable persons. Thereafter, charge sheet was laid against 17 persons incorporating the above stated provisions of law. All accused, except the petitioner faced trial and by Annexure B judgment dated 04.10.2006, all others were acquitted under Section 235 of the Code of Criminal Procedure. Now the petitioner wants Crl.M.C.No.5520 OF 2021 3 to quash the proceedings against him in the light of the clear finding in Annexure B judgment. It is submitted by the learned counsel that Annexure B judgment has become final, since no one has preferred any appeal against the same.
2. Heard the learned counsel for the petitioner and also the learned Public Prosecutor.
3. My pointed attention has been drawn to paragraph 29 of Annexure B judgment of the trial court where it is pointed out that in the First Information Statement none of the accused were named; names of the accused were revealed during the course of investigation; there was evidence of clash between two groups of BJP and Congress activists inside and outside the polling booth in which workers of both parties had sustained injuries. It is noticed that, independent evidence was not forthcoming to say that bombs were hurled by the accused persons. It is also noticed that the accused were not subjected to any test identification parade. In other words, there is clear identity crisis in the case and that was the major reason for granting a clean acquittal to the accused persons 16 in number who faced trial.
4. Annexure B judgment was rendered after a full trial, Crl.M.C.No.5520 OF 2021 4 after examining 23 witnesses. From the verdict, which has become final, it is very evident that, the case of the prosecution is rather fragile and weak. In the said setting, there is no point in putting the petitioner, who was the 16th accused in the original charge for trial. On the basis of the materials furnished before court, it would be an idle exercise to repeat the procedure against the petitioner.
5. Therefore, further proceedings in S.C. No. 403/2014 pending before the Principal Assistant Sessions Court, Thalassery are quashed and the petitioner shall stand exonerated.
Crl. M.C. is allowed as above.
SD/-
K.HARIPAL JUDGE DCS/30.11.2021 Crl.M.C.No.5520 OF 2021 5 APPENDIX PETITIONER'S ANNEXURE ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO. 367/2000 OF KUTHUPARAMBA POLICE STATION.
ANNEXURE B THE CERTIFIED COPY OF JUDGMENT DATED 04-10- 2006 IN S.C NO. 406/2002 OF THE PRINCIPAL ASSISTANT SESSIONS JUDGE, THALASSERY