Kerala High Court
Joju K.B vs State Of Kerala on 4 April, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
CRL.MC NO. 3215 OF 2024
CRIME NO.2014/2021 OF TOWN EAST POLICE STATION, THRISSUR
PETITIONERS/ ACCUSED 1 & 2 :
1 JOJU K.B.
AGED 54 YEARS
S/O. BABY, KODIYATH HOUSE,
VIJAYAPURAM COLONY, THIRUNELLI P.O.,
PALAKKAD, PIN - 578 004
2 BEVEN JOJU
AGED 23 YEARS
S/O. JOJU K.B., KODIYATH HOUSE,
VIJAYAPURAM COLONY, THIRUNELLI P.O.,
PALAKKAD, PIN - 578 004
BY ADVS.
SHABU SREEDHARAN
BONY ALBERT
JAYACHANDRAN NAIR G.
RATHEESH.V.R.
JISHA J. ANIL
GEETHU MOHANDAS
APARNA SURESH M.
AHAMMED NASEEM
RAHUL K.S.
RESPONDENT/ STATE & NOT PARTIES :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 THE DIRECTOR GENERAL OF POLICE
POLICE HEAD QUARTERS, VAZHUTHAKKAD P.O.,
THIRUVANANTHAPURAM, PIN - 695 014
3 THE CITY POLICE COMMISSIONER,
THRISSUR, RAMAVARMAPURAM P.O.,
THRISSUR, PIN - 680631
CRL.MC NO. 3215 OF 2024
2
4 THE ASSISTANT POLICE COMMISSIONER,
THRISSUR, SAKTHAN THAMPURAN NAGAR,
VELIYANNUR, THRISSUR, PIN - 680001
5 RAJEEV
ASI, CASE FILE SECTION, OFFICE OF THE ASST.
COMMISSIONER OF POLICE, THRISSUR,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
THRISSUR, PIN - 680001
6 THE SHO, THRISSUR TOWN EAST POLICE STATION
SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
THRISSUR, PIN - 680 001
7 ARUN KUMAR M.R.
SUB INSPECTOR OF POLICE,
THRISSUR TOWN EAST POLICE STATION,
SAKTHAN THAMPURAN NAGAR, VELIYANNUR,
THRISSUR, PIN - 680 001
8 JAMES PALLISSERY
9126 - SW 113 AVE, MIAML FLORA,
USA, PIN - 33176
SRI. T.R. RENJITH, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3215 OF 2024
3
BECHU KURIAN THOMAS, J.
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Crl.M.C.No.3215 of 2024
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Dated this the 4th day of April, 2024
ORDER
Petitioners challenge Annexure-12 granting formal permission for
further investigation and Annexure-14 notice issued under Section 41A of
the Cr.P.C.
2. The further investigation into Crime No.2014 of 2021 of Town
East Police Station, Thrissur is underway. Though the petitioner had filed
W.P.(C) No.31148 of 2023, alleging police harrassment, this Court
dismissed after observing that further investigation is permitted by the
Magistrate and thereby enabling the police to conduct further
investigation.
3. During the course of further investigation, a notice under Section
41A of Cr.P.C. has been issued to the petitioner directing his appearance
on 16.03.2024, which is produced as Annexure-14. However, it is noticed
that while issuing the said notice various conditions have been imposed
by the Investigating Officer which is seen incorporated as Condition No.
(a) to (j) in Annexure-14 notice.
4. I have heard the learned counsel for the petitioners as well as
the learned Public Prosecutor.
5. While issuing Annexure-14 notice directing the accused to appear
before the Investigating Officer under Section 41A of Cr.P.C., various
CRL.MC NO. 3215 OF 2024
conditions have been imposed by the police, unwarranted in law.
Therefore, the notice issued under Section 41A is erroneous and is liable
to be set aside. Ordered accordingly.
6. It is clarified that since Annexure-14 notice is set aside only due
to the defect in the said notice, the Investigating Officer will be at liberty
to issue fresh notice in accordance with law under Section 41A, bearing
in mind the decision in Arnesh Kumar v State of Bihar and Another
[(2014) 8 SCC 273].
The Crl.M.C. is allowed as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
CRL.MC NO. 3215 OF 2024
PETITIONERS' ANNEXURES :
Annexure-1 THE CERTIFIED COPY OF THE COMPLAINT DATED
4.11.2021
Annexure-2 THE CERTIFIED COPY OF THE FIR IN CRIME
NO. 2014/2021 OF THRISSUR EAST POLICE
DATED 23.11.2021
Annexure-3 THE TRUE COPY OF THE ORDER SESSIONS
COURT, THRISSUR IN CRL MC NO. 299/2022
DATED 23.3.2022
Annexure-4 THE CERTIFIED COPY OF THE REFER REPORT
DATED 23.7.2021
Annexure-5 THE CERTIFIED COPY OF THE NOTICE ISSUED
BY THE CJM COURT, THRISSUR DATED
23.7.2022
Annexure-6 THE CERTIFIED COPY OF THE ORDER OF THE
CJM COURT, THRISSUR DATED 23.3.2023
Annexure-7 THE TRUE COPIES OF THE PETITIONS DATED
26.10.2022
Annexure-8 THE TRUE COPY OF THE COMPLAINT DATED
15.9.2023
Annexure-9 THE TRUE COPY OF THE NOTICE ISSUED BY THE
5TH RESPONDENT DATED 27.10.2023
Annexure-10 THE TRUE COPY OF THE NOTICE ISSUED BY THE
5TH RESPONDENT DATED 7.12.2023
Annexure-11 THE CERTIFIED COPY OF THE REPORT FILED BY
THE 7TH RESPONDENT DATED 22.1.2024
Annexure-12 THE CERTIFIED COPY OF THE OFFICIAL
MEMORANDUM OF THE CJM COURT, THRISSUR
DATED 23.1.2024
CRL.MC NO. 3215 OF 2024
Annexure-13 THE TRUE COPY OF THE JUDGMENT IN WP(C)
NO. 31148/2023 DATED 29.1.2024
Annexure-14 THE TRUE COPY OF THE NOTICE ISSUED BY THE
4TH RESPONDENT TO THE 1ST PETITIONER
DATED 11.3.2024
