Kerala High Court
Shibu vs State Of Kerala on 16 February, 2022
Author: K.Haripal
Bench: K.Haripal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
CRL.MC NO. 5696 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 823/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
ATTINGAL
PETITIONER/2ND ACCUSED:
SHIBU
AGED 42 YEARS
S/O VISWAMBHARAN, KAVUVILA VEEDU, EZHUTHANADU DESOM,
KODUVAZHANNOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT-695 612
BY ADVS.
K.SIJU
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENT/STATE:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 M031.
2 STATION HOUSE OFFICER
ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN-695 101
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16.02.2022, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 5696 OF 2021
2
ORDER
Petitioner is the 2nd accused in Crime No. 604 of 2007 of Attingal police station registered on 04.09.2007 alleging offence punishable under Sections 143, 147, 148, 332 read with Section 149 of the IPC and Section 3(i) of Prevention of Damages to Public Properties Act.
2. The allegation against accused persons, 11 in number is that on 04.09.2007 at 07.15 PM owing to the fact that a person was run over by a bus in front of the private bus stand at Attingal and when CWs 2 to 6 and 9 to 13 had reached there for taking follow up action the accused persons formed an unlawful assembly and in prosecution of their common object pelted stones at the KSRTC bus and the police jeep and caused a loss of Rs.1,31,000/- to the KSRTC and also obstructed the official discharge of functions of the officials and caused them injuries and thus the said final report was filed before the Judicial First Class Magistrate's Court-I, Attingal where the case was taken on file as C.C. No. 184 of 2009 against eleven accused persons. Of them, accused Nos. 3,5,6,9 and 10 faced CRL.MC NO. 5696 OF 2021 3 trial and were found not guilty by Annexure-4 judgment and acquitted under Section 248(i) of the Cr.P.C. The case against remaining accused was refiled as C.C. No. 823 of 2019. The petitioner is the 2nd accused in the original crime.
3. Now the petitioner seeks to quash the proceedings on the ground of acquittal of the co-accused. According to him, there is absolutely no legal evidence to connect his involvement. In Annexure-4 judgment, none of the witnesses could identify the culprits. Many material witnesses could not be examined for the case. PWs 1 to 4, eyewitnesses did not identify the accused and in the circumstances, there is no meaning in putting him to trial.
4. I heard the learned counsel for the petitioner and also the learned Senior Public Prosecutor.
5. The learned counsel for the petitioner has relied on the oral testimony of PWs 1 to 7 rendered for Annexure-4 trial and submitted that those materials witnesses did not support the prosecution case.
6. I have carefully gone through Annexure-4 judgment CRL.MC NO. 5696 OF 2021 4 and also the testimony of PWs 1 to 7 given before the trial court. As rightly pointed out by the learned counsel for the petitioner PWs 1 to 7 did not identify the accused before Court. Secondly, it is evident that the petitioner, the 2 nd accused was arrested by PW7 and was produced before the court. But absolutely nothing is forthcoming to say that he was shown to the material witnesses and got him identified. In the circumstance, even if the petitioner is identified before Court for the first time, that will not furnish legal evidence.
7. That means there will be a clear identity crisis in the case. In the above setting, there is no meaning in putting the petitioner to trial. The proceedings against the petitioner in C.C. No. 823 of 2019 on the file of the Judicial First Class Magistrate's Court-I, Attingal are quashed and the petitioner shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL JUDGE RMV/16/02/2022 5 APPENDIX OF CRL.MC 5696/2021 PETITIONER ANNEXURES Annexure 1 THE CERTIFIED COPY OF FIR IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION DATED 4.9.2007 Annexure 2 THE COPY OF REPORT DATED 5.9.2007 IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION Annexure 3 THE COPY OF FINAL REPORT IN CRIME NO 604/2007 OF ATTINGAL POLICE STATION DATED NIL Annexure 4 THE CERTIFIED COPY OF JUDGMENT IN CC 184/2009 OF JFMC-1, ATTINGAL DATED 30.4.2019 TRUE COPY P.A.TO JUDGE