Kerala High Court
K.K. Rajeevan vs State Of Kerala on 30 November, 2021
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
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,
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
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
