Kerala High Court
Suhail T.K vs State Of Kerala on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 1719 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1532/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS
,VADAKARA, KOZHIKODE
(CRIME NO.1021/2017 OF VATAKARA POLICE STATION, KOZHIKODE)
PETITIONERS/ACCUSED:
1 SUHAIL T.K.
AGED 25 YEARS
S/O.HAMEED, KOCHAMVALLI (H), THIRUVALLUR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
2 ABDUL LATHEEF,
AGED 38 YEARS
S/O.AMMATH, MUBARAK MANZIL, PUTHUKKUDITHAZHEKUNIYIL, KOTTAPPALLY
(PO), VATAKARA, KOZHIKODE DISTRICT, PIN-673542.
3 RAMEES.P.,
AGED 21 YEARS
S/O.AMMATH, PUTHIYOTTIL(H), KOTTAPPALLY (P.O), VATAKARA, KOZHIKODE
DISTRICT, PIN-673542.
4 HISHAM MOOSA,
AGED 24 YEARS
S/O.IBRAHIM, KOCHAAMVALLI (H), THIRUVALLUR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
5 JAFAR A.P.,
AGED 22 YEARS
S/O.AMMATH, AASHARIPARAMBATH(H), KOTTAPPALLY (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
6 MUHAMMED JABIR,
AGED 21 YEARS
S/O.ABDUL RAHIMAN, PADINJAREKOCHAMVALLI(H), THIRUVALLUR (P.O),
VATAKARA, KOZHIKODE DISTRICT, PIN-673541.
7 FAZIL.K.,AGED 22 YEARS
S/O.RASHEED, KOVUKKAL(H), KOTTAPPALLY (P.O), VATAKARA, KOZHIKODE
DISTRICT, PIN-673542.
8 ASEEM ABDUL SALAM,
AGED 23 YEARS
S/O.ABDUL SALAM, KOCHAAMVALLI (H), THIRUVALLUR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
9 SAVAD T.K.,
AGED 23 YEARS
S/O.AMMATH, THAZHEKIZHAKKAYIL (H), THIRUVALLUR P.O., VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
10 MUHAMMED ARSHAD,
AGED 23 YEARS
S/O.ABDULLA, PURAKOYILOTH (H), KOTTAPPALLY (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673542.
11 KHALID P.K.,
AGED 23 YEARS
S/O.MUHAMMED, KIZHAKKE PADIKKAL (H), KOTTAPPALLY (P.O), VATAKARA,
Crl.MC.Nos.1715/2021 &1719/2021
2
KOZHIKODE DISTRICT, PIN-673542.
12 HAFIZ,
AGED 21 YEARS
S/O.ANDHRU, KOROTHUPUNATHIL (H), THIRUVALLUR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
13 ARSHAD T.P.,
AGED 22 YEARS
S/O.ABDUL KAREEM, THAAZHEPAIKKATTU (H), THIRUVALLUR (PO),
VATAKARA, KOZHIKODE DISTRICT, PIN-673541.
14 SAFEER T.A.,
AGED 23 YEARS
S/O.ABOOBAKKER, THAAZHE ARODI (H), THIRUVALLOOR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
15 JABIR K.K.,
AGED 29 YEARS
S/O.ABOOBAKKER, KANDAM KANDI (NAMBICHAMKANDI)(H), THIRUVALLUR
(P.O), VATAKARA, KOZHIKODE DISTRICT, PIN-673541.
16 ASHRAF,
AGED 43 YEARS
S/O.AMMATH, PULIYANAATTIL (H), THIRUVALLUR (P.O), VATAKARA,
KOZHIKODE DISTRICT, PIN-673541.
BY ADVS.
K.REEHA KHADER
SRI.O.T.JABISH
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN-682031.
2 SURENDRAN
AGED 48 YEARS
S/O.KRISHNAN, MADATHUMTHAZHEKUNI, KOTTAPPALLY P.O., VATAKARA,
KOZHIKODE, PIN-673542.
BY ADV MOHAMMED ASLAM P.S
OTHER PRESENT:
SRI.C.S.HRITWIK, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2021,
ALONG WITH CRL.M.C.NO.1715/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.MC.Nos.1715/2021 &1719/2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
CRL.MC NO. 1715 OF 2021
AGAINST THE ORDER/JUDGMENT IN CC 1547/2017 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,VADAKARA, KOZHIKODE
(CRIME NO.1018/2017 OF VATAKARA POLICE STATION, KOZHIKODE)
PETITIONERS/ACCUSED:
1 RAMEES,AGED 23 YEARS
S/O. AMMATH, PUTHIYOTTIL (H), KOTTAPPALLY P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542
2 SUHAIL T.K,
AGED 25 YEARS
S/O. HAMEED, THAZHEKOCHAMVALLI (H), THIRUVALLUR P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 541
3 ABDUL LATHEEF,
AGED 37 YEARS
S/O. AMMATH, MUBARAK MANZIL, PUTHUKKUDITHAZHEKUNIYIL (H),
KOTTAPPALLY P.O,VATAKARA, KOZHIKODE DISTRICT, PIN-673 542
4 AZEEM ABDUL SALAM K.V,
AGED 23 YEARS
S/O. ABDUL SALAM, KOCHAAMVALLI (H), KOTTAPPALLY P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542
5 FAZIL K,
AGED 22 YEARS
S/O. RASHEED, KOVUKKAL (H), KOTTAPPALLY P.O, VATAKARA, KOZHIKODE
DISTRICT, PIN-673 542.
6 MUHAMMED JABIR,
AGED 21 YEARS
S/O. ABDULRAHMAN, PADINJAREKOCHAAMVALLI (H), THIRUVALLUR P.O,
VATAKARA, KOZHIKODE DISTRICT, PIN-673 541
7 JAFAR A.P.,
AGED 21 YEARS
S/O. AMMATH, ASHAARIPARAMBATH (H), KOTTAPPALLY P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542
8 HISHAM MOOSSA,
AGED 24 YEARS
S/O. IBRAHIM, KOCHAMVALLY (H), KOTTAPPALLY P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542
9 KHALID,
AGED 23 YEARS
S/O.MUHAMMED, KIZHAKKEPADIKKAL (H), KOTTAPPALLY P.O,VATKARA,
KOZHIKODE DISTRICT, PIN-673 542
Crl.MC.Nos.1715/2021 &1719/2021
4
10 HAFIZ,
AGED 21 YEARS
S/O. ANDHRU, KOROTH PUNATHIL (H), THIRUVALLOOR P.O,VATAKARA,
KOZHIKODE DISTRICT, PIN-673 541
11 SAVAAD T.K,
AGED 23 YEARS
S/O. AMMATH, THAZHEKIZHAKKAYIL (H), THIRUVALLOOR P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 541
12 MUHAMMED ARSHAD,
AGED 23 YEARS
S/O. ABDULLA, PURAKAYILOTH (H), KOTTAPPALLY P.O,VATAKARA,
KOZHIKODE DISTRICT, PIN-673 542
13 SAFEER T.A,
AGED 23 YEARS
S/O. ABOOBAKKER, THAAZHE ARODI(H), THIRUVALLOOR P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 541
14 ARSHAD T.P,
AGED 22 YEARS
S/O. ABDUL KAREEM, THAZHE PAIKKATTU (H), THIRUVALLOOR P.O,
VATAKARA, KOZHIKODE DISTRICT, PIN-673 541
15 JABIR K.K,
AGED 29 YEARS
S/O. ABOOBAKKER, KANDAMKANDI (NAMBICHAMKANDI) (H), THIRUVALLOOR
P.O, VATAKARA, KOZHIKODE DISTRICT, PIN-673 541
16 ASHRAF,
AGED 43 YEARS
S/O. AMMATH, PULIYANAATTIL (H), THIRUVALLOOR P.O, VATAKARA,
KOZHIKODE DISTRICT, PIN-673 541
BY ADVS.
O.T.JABISH
SMT.K.REEHA KHADER
RESPONDENTS/STATE/DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, COCHIN-682 031
2 SHINU K.A.
AGED 30 YEARS, S/O. KUMARAN, KIZHAKKEANIYATH (H), THIRUVANIYOOR
P.O, VATAKARA, KOZHIKODE 673 541
BY ADV MOHAMMED ASLAM P.S
OTHER PRESENT:
SRI.C.S.HRITWIK, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07.07.2021,
ALONG WITH CRL.M.C.NO.1719/2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.MC.Nos.1715/2021 &1719/2021
5
O R D E R
Dated this the 7th day of July 2021
The petitioners in Crl.M.C. 1715/2021 are
accused in Crime No.1018/2017 of Vatakara Police
Station presently pending as C.C. No. 1547/2017
while the petitioners in Crl.M.C. No.1719/2021
are the accused in Crime No. 1021/2017 of
Vatakara Police Station presently pending as
C.C. No. 1532/2017 of the same court. Some of
the accused are common and the offences alleged
are also common in both crimes, which are under
Sections 143, 147, 447, 427 r/w Section 149 of
the Indian Penal Code in both the cases. The
main allegation against the petitioners in both
these crimes are forming an unlawful assembly,
Crl.MC.Nos.1715/2021 &1719/2021
committing trespass and mischief. In Crime No.
1018/2017, a motorcycle was allegedly damaged.
While in Crime 1021/2017, an autorikshaw was
allegedly damaged. The defacto complainant have
been arrayed as respondent No.2 in both the
crimes. They have appeared through counsel and
filed affidavits to the effect that the matters
have been amicably settled. The instructions
have been obtained by the learned Public
Prosecutor that both these crimes were amicably
settled between the parties. There is no public
interest involved and some of the petitioners
were involved in a series of cases which had
occurred in similar nature. It is submitted by
the learned counsel appearing for the
petitioners that all those crimes have been
amicably settled with the respective defacto
complainants. In view of the fact that the
Crl.MC.Nos.1715/2021 &1719/2021
allegations are not very grave and the
petitioners are not involved in grave offences,
both petitions are allowed.
In the result, the Crl.M.Cs are allowed.
The entire proceedings as against the
petitioners in Crime Nos.1018/2017 and
1021/2017 of Vatakara Police Station, presently
pending as C.C. Nos.1547/2017 and 1532/2017
respectively on the files of the Judicial First
Class Magistrate Court, Vatakara stands quashed
under Section 482 of the CRPC and the accused
are discharged and set at liberty.
Sd/-
ASHOK MENON
JUDGE
al/-
Crl.MC.Nos.1715/2021 &1719/2021
APPENDIX OF CRL.MC 1719/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO.1021/2017 OF VATAKARA POLICE STATION, KOZHIKODE
DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA AS C.C.NO.1532/2017.
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RSPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.S TO JUDGE
AL/-
Crl.MC.Nos.1715/2021 &1719/2021
APPENDIX OF CRL.MC 1715/2021
PETITIONER ANNEXURE
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
1018/2017 OF VATAKARA POLICE STATION, KOZHIKODE
DISTRICT PENDING BEFORE THE JUDICIAL FIRST CLASS
MAGISTRATE COURT, VATAKARA AS CC NO. 1547/2017
ANNEXURE A2 THE AFFIDAVIT SWORN BY THE 2ND RESPONDENT.
RESPONDENTS EXHIBITS : NIL
TRUE COPY
P.S TO JUDGE
AL/-
