Kerala High Court
C.V.Bimal Roy vs State Of Kerala
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
THURSDAY, THE 26TH DAY OF JULY 2012/4TH SRAVANA 1934
Crl.MC.No. 1455 of 2012 ()
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CRIME NO.549/2011 OF VARAPPUZHA POLICE STATION
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PETITIONER/ACCUSED:
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C.V.BIMAL ROY, AGED 40 YEARS,
S/O. G. VISHNU DAS,''POURNAMI'',
K.P. V/194, KUDAPPANAKKUNNU,THIRUVANANTHAPURAM.
BY ADV. SRI.R.T.PRADEEP
RESPONDENT/COMPLAINANT:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
*ADDL.R2 & R3 IMPLEADED
*R2: GIRISH BABU.G., AGED 36YEARS,
S/O.LATE.P.K.GOPALAKRISHNAN, RESIDING AT PUNNAKKADAN
HOUSE,CUSAT POST, THRIKKAKARA NORTH VILLAGE,
KANNAYANNUR TALUK, ERNAKULAM DISTRICT.
*ADDL.R2 IMPLEADED AS PER ORDER DATED 8/6/2012 IN CRL.M.A.NO.3086/2012
*R3: BASHEER.K.M., AGED 47 YEARS,S/O.K.A.MAMMU,
KALLIKKATTIL HOUSE, P.O.KOTHAPARAMPU, THRISSUR DISTRICT.
*ADDL.R3 IMPLEADED AS PER ORDER DATED 29/6/12 IN CRL.M.A.NO.4063/2012
R1 BY ADDL.DIRECTOR GENERAL OF PROSECUTION SRI.C.RASHEED
R2 BY ADV. SMT.SANDHYA RAJU
R3 BY ADV. SMT.K.V.BHADRA KUMARI
SMT.ANILA GEORGE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26-07-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
CRMC.NO.1455/2012
APPENDIX
PETITIONER'S ANNEXURES:
ANNEX 1 COPY OF THE FIR IN CRIMENO.549 OF 2011 VARAPPUZHA POLICE
STATION
ANNEX II COPY OF THE 161 STATEMENT DATED 05/08/11
ANNEX III COPY OF THE REPORT DATED 10/08/2011
ANNEX IV COPY OF HE 161 STATEMENT DATED 09/08/2011
ANNEX V COPY OF THE 161 STATEMENT DATED 18/08/11
ANNEX VI COPY OF THE 164 STATEMENT BEFORE THE MAGISTRATE DATED
29/08/11
ANNEX VII COPY OF THE 161 STATEMENT DATED 06/10/11
ANNEX VIII COPY OF THE REMAND REPORT OF ACCUSED A-43 DATED 28/10/11
ANNEX IX COPY OF THE PAGE NO.9 OF MALAYALA MANORAMMA DAILY
KOTTAYMA EDITION DATED 03/01/12
ANNEX X COPY OF THE REPORT DATED 07/01/2012 BY WHICH THE PETITIONER IS
IMPLICATED AS ACCUSED A-61
ANNEX XI COPY OF THE REMAND APPLICATION IN CRIME NO.1500/12 OF ALUVA
POLICE STATION.
RESPONDENT'S ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
S.S.SATHEESACHANDRAN, J.
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Crl.M.C.NO.1455 OF 2012
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Dated this the 26th day of July, 2012
O R D E R
Petitioner is one among the accused in Crime No.549 of 2011 of Varappuzha Police Station, in which, presently, investigation for offences punishable under Sections 366(A), 372, 373, 376, 354, 109 and 34 of the Indian Penal Code is being proceeded with. Petitioner has been arrayed as accused No.61 in the aforesaid crime. Though very many grounds are raised in the petition to assail the implication of petitioner as one among the accused, to contend that the allegations are totally false, at the time of hearing, the learned counsel for the petitioner submitted that reserving his challenges against the final report, if any such report is filed against him under Section 173 (2) of the Code of Criminal Procedure, the petition may be disposed. In the light of the submissions made by the counsel, as aforesaid, I find, no dilation over the challenges canvassed by him in the Crl.M.C.NO.1455/2012 2 petition need be considered at this stage.
Petition is dismissed without prejudice to the right of the petitioner to canvass whatever challenges available to him under law to impeach the final report, if such report is filed against him in the crime.
S.S.SATHEESACHANDRAN JUDGE prp