Kerala High Court
Ranil.K. @ Appoos vs State Of Kerala on 24 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
CRL.MC NO. 5145 OF 2019
(CRIME NO. 1335/2016 OF MAYYIL POLICE STATION, KANNUR)
AGAINST THE ORDER/JUDGMENT IN SC 803/2017 OF SUB COURT, KANNUR, KANNUR
PETITIONERS/ACCUSED:
1 RANIL.K. @ APPOOS,
AGED 25 YEARS
S/O.RAVI, CHALIL HOUSE, KANNADIPARAMBU, KANNUR
2 SHAMSHAD P.P.
AGED 27 YEARS
S/O.ABDUL KADER,PUTHIYAPURAYIL HOUSE, KANNADIPARAMBA, KANNUR
3 SHAREEF P
AGED 27 YEARS
PULIKKAL HOUSE, KANNADIPARAMBA, KANNUR
4 SAJEER.P.
AGED 27 YEARS
S/O.ABDUL SALAM, PULIKKAL HOUSE, MISRIYA MANZIL, KANNADIPARAMBA,
KANNUR
5 SAIFUDDIN P,
AGED 34 YEARS
S/O.ABDUL SALAM, PULIKKAL HOUSE, MISRIYA MANZIL, KANNADIPARAMBA,
KANNUR.
BY ADVS.
K.ASHIS
SHRI.AKHILESH A.K.
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REP BY PUBLIC PROSECUTOR HIGH COURT OF KERALA-682031
2 SHAMSHAD,
AGED 25 YEARS
S/O.MUHAMMED, MULLAPPALLY HOUSE, KANNADIPPARAMBA AMSOM,
PULLOOPPI, KANNUR.
BY ADV N.L.BITTO
OTHER PRESENT:
Crl.M.C.No. 5145 OF 2021
2
SR.PP - SRI. HRITHWIK C.S.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 5145 OF 2021
3
ORDER
Petitioners are the accused in S.C. No. 803 of 2017 pending
before the Assistant Sessions Court, Kannur which arose from the
final report in Crime No. 1335 of 2016 of Mayyil police station.
The crime was registered on 15.10.2016 on the basis of an
incident that happened at 22.30 hours on 14.10.2016. On
conclusion of investigation, charge sheet has been laid against the
petitioners, five in number alleging offence publishable under
Sections 143, 147, 148, 341, 324, 308, 506(ii) read with Section
149 of the IPC.
2. The allegation is that on 14.10.2016 at 20.30 hours the
accused persons who are activists of the CPI(M) along with another
identifiable person had formed an unlawful assembly and in
prosecution of their common object and out of political animosity
carried weapons like sword-stick, iron pipe, hammer, etc and
assaulted and injured CW1 who is the 2 nd respondent and caused
him injuries. On conclusion of investigation, charge sheet has been
laid, and now the matter is pending before the Assistant Sessions
Crl.M.C.No. 5145 OF 2021
Court, Kannur.
3. Petitioners have moved this Court under Section 482 of the
Cr.P.C. seeking to quash the proceedings contending that the matter
is settled with the 2nd respondent, injured and the de facto
complainant.
4. I heard the learned counsel for the petitioners and also the
learned Senior Public Prosecutor.
5. According to the learned Senior Public Prosecutor the matter
is settled, however, he as pointed out that the 1 st petitioner is a
history-sheeter in the sense he has three other cases in which two are
under Section 308 of the IPC. All the same, Annexure-4 affidavit of
the 2nd respondent clearly indicates that the matter has been settled
with him. Out of free will, he has agreed to settle the matter
amicably. He has no subsisting complaint against the petitioners and
has no objection in quashing the proceedings.
6. In the light of the clear statement of the 2 nd respondent, the
injured, there is no purpose in continuing the proceedings. Entire
proceedings in S.C. No. 803 of 2017 pending before the Assistant
Crl.M.C.No. 5145 OF 2021
Sessions Court, Kannur are quashed and the petitioners shall stand
exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/24/11/2021
Crl.M.C.No. 5145 OF 2021
APPENDIX OF CRL.MC 5145/2019
PETITIONER ANNEXURE
ANNEXURE I TRUE COPY OF THE FIR IN CRIME NO.1335 OF 2016 OF MAYYIL
POLICE STATION
ANNEXURE II TRUE COPY OF THE MEMORANDUM OF EVIDENCE IN CRIME
NO.1335/2016 OF MAYYIL POLICE STATION.
ANNEXURE III CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.1335/2016
OF MAYYIL POLICE STATION
ANNEXURE IV AFFIDAVIT SWORN BY THE SECOND RESPONDENT DATED
10.05.2019
