Kerala High Court
Bharath @ Bharath Babu M vs State Of Kerala on 3 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
MONDAY, THE 3RD DAY OF JANUARY 2022 / 13TH POUSHA, 1943
CRL.MC NO. 5680 OF 2021
(CRIME NO. 61/2012 OF POOYAPPALLY POLICE STATION IN KOLLAM DISTRICT)
AGAINST THE ORDER/JUDGMENT IN CC 723/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
KOTTARAKKARA
PETITIONERS/ACCUSED A1 TO A8:
1 BHARATH @ BHARATH BABU M
AGED 31 YEARS
S/O. BABULAL N., KAILAS VEEDU, PALODE ROAD, KOLLAMKAVE, KARIPPOOR
PUZHAKUTTY MURI, NEDUMANGANDU VILLAGE, THIRUVANANTHAPURAM
DISTRICT, PIN-695 561.
2 SAFEER S
AGED 30 YEARS
S/O. SALIM K.S., SS MANZIL, KONNAYILMUKKU, PULLICHIRA, MAYYANADU
VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 304.
3 KRISHNA KUMAR R.
AGED 31 YEARS
S/O. K.P.RADHAKRISHNAN, PUTHUPARAMBIL, CHANGANACHERRY,
VAKATHANAM VILLAGE, THOTTAKADU, KOTTAYAM DISTRICT.
4 BARJEES
AGED 31 YEARS
S/O. HAKKIM PM, KOCHUPUTHEN VEEDU, THEKKUMBHAGAM P.O., PARAVOOR
VILLAGE, KOLLAM DISTRICT, PIN-691 319.
5 SHIYAS @ SHIYAS KHAN
AGED 30 YEARS
S/O. NAJUMUDEEN, VADAKKEKARA, KARICODE, TKMC P.O., KOTTAMKARA,
KOLLAM DISTRICT, PIN-691 005.
6 JITHIN V.S.
AGED 29 YEARS
S/O. SASIDHARAN, VALIYAVEETIL, CHEMPU P.O., CHEMPU VILLAGE, KOTTAYAM
DISTRICT, PIN686608.
7 NIJAS ABOOBACKER K.T
AGED 31 YEARS
S/O. RASIYAABI, HAVA MANZIL, NEAR NEERCHAL UP SCHOOL, KANNUR,
KANNUR VILLAGE, KANNUR DISTRICT, PIN-670 003.
8 SIKHIL SASI M
AGED 30 YEARS
S/O. SASIDHARAN MG, MACHINGAL VEEDU, THANISSERY P.O., KIZHUTHANI
VILLAGE, THRISSUR DISTRICT, PIN-680 701.
BY ADV AJITH MURALI
RESPONDENTS/STATE/INJURED:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM-682 031.
2 NITHIN MOHAN P
AGED 31 YEARS
S/O. P. PUSHPAMOHAN, SOUPARNIKA HOUSE, KALLUMTHAZAM P.O.,
KILIKOLLUR VILLAGE KOLLAM TALUK, KOLLAM DISTRICT, PIN-691 004.
2
3 TOM THOMAS P
AGED 31 YEARS
S/O. THOMAS V.T., VAYALAKKOMBIL HOUSE, ELAMPALLY P.O., ANIKKAD
VILLAGE, KOTTAYAM DISTRICT, PIN-686 503.
4 BALAMAHENDRAN M.E
AGED 31 YEARS
S/O. M.ELANGOVAN, BALA BHAVAN, NADAYIL WEST, MULANKADAKAM,
THIRUMULLAVARAM P.O., KOLLAM WEST VILLAGE, KOLLAM TALUK, KOLLAM
DISTRICT, PIN-691 012.
5 ABDUL SAJEER
AGED 31 YEARS
S/O. KUNJUMON, CHAKKENTAYYATHU VEEDU, KAREELAKULANGARA,
KAYAMKULAM, ERUMA VILLAGE, ALAPPUZHA DISTRICT-690 572.
BY ADV K.V.ANIL KUMAR
OTHER PRESENT:
SR.PP - SMT. SREEJA V.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No. 5680 of 2021
3
ORDER
Petitioners are the accused in C.C. No.723 of 2014
pending before the Judicial First Class Magistrate's
Court-II, Kottarakkara which originated from the final
report in Crime No.61 of 2012 of Pooyappally Police
Station, where they face allegations under Sections 143,
147, 148, 341, 324, 323 read with 149 IPC.
2. The allegation against the petitioners, eight in
number is that on 19.01.2012 at 13 hours, the accused
persons formed an unlawful assembly and in prosecution of
their common object, in front of the canteen of Travancore
Engineering College, the first accused, that is the 1st
petitioner caught hold of CW1 and hit him with a stone
behind his left ear; the other accused persons also assaulted
and injured CWs 1 to 4 in the charge sheet and thus
committed the above-stated offences. Now, contending that
the matter is settled among the parties, the entire
proceedings are sought to be quashed.
Crl.M.C. No. 5680 of 2021
3. I heard the learned Counsel for the petitioners, the
learned Senior Public Prosecutor, and also the learned
Counsel for respondents 2 to 5. All have submitted that the
matter is settled.
4. The learned Senior Public Prosecutor has filed a
statement also stating that the further statements of injured
persons have been recorded and they have confirmed the
settlement. Moreover, respondents 2 to 5, who are the
injured have filed separate affidavits confirming the
settlement between the parties.
5. It is an incident that happened during the college
days of the petitioners and party respondents. It is pointed
out that the counter case, C.C No.703 of 2014 also stands
settled, for quashing the same, Crl.M.C No. 5682 of 2021
has been filed, which also comes up for consideration
today.
6. In the light of the contentions of the parties, and
since the party respondents did not suffer serious injuries
Crl.M.C. No. 5680 of 2021
and that no public interest is hampered entire proceedings
in C.C. No.723 of 2014 of the Judicial First Class
Magistrate-II, Kottarakkara are quashed and the petitioners
shall stand exonerated.
The Criminal Miscellaneous Case is allowed as above.
Sd/-
K. HARIPAL
JUDGE
RMV/03/01/2022
APPENDIX OF CRL.MC 5680/2021
PETITIONER ANNEXURES
Annexure A CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.61/2012
OF POOYAPPALLY POLICE STATION.
Annexure B AFFIDAVIT FILED BY THE 2ND RESPONDENT.
Annexure C AFFIDAVIT FILED BY THE 3RD RESPONDENT.
Annexure D AFFIDAVIT FILED BY THE 4TH RESPONDENT.
Annexure E AFFIDAVIT FILED BY THE 5TH RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
TRUE COPY
P.A.TO JUDGE
