Ajilesh vs State Of Kerala
2024 Latest Caselaw 8785 Ker

Kerala High Court

Ajilesh vs State Of Kerala on 27 March, 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
 WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA,
                           1946
                CRL.MC NO. 2828 OF 2024
CRIME NO.370/2014 OF PONKUNNAM POLICE STATION, KOTTAYAM
 AGAINST THE ORDER/JUDGMENT DATED IN CC NO.752 OF 2017
       OF JUDICIAL MAGISTRATE OF FIRST CLASS -II,
                       KANJIRAPPALLY
       ..........................................
PETITIONER/ACCUSED :

         AJILESH, AGED 32 YEARS
         S/O MANILAL, AKKARAKAROTTU (H),
         PANAMATTAM KARA, ELANIGULAM,
         KOTTAYAM DISTRICT, PIN - 686 522.
         BY ADVS.
         P.YADHU KUMAR
         P.BABU KUMAR
         MEGHA S.


RESPONDENT/PETITIONERS:

   1     STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.
   2     THE STATION HOUSE OFFICER
         PONKUNNAM POLICE STATION,
         KOTTAYAM DISTRICT, PIN - 686 506.


         SMT. SREEJA V. (PP)


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.03.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 2828/2024

                                                2


                             BECHU KURIAN THOMAS, J
                       ......................................................
                               Crl.M.C. No.2828 of 2024
                        ...................................................
                       Dated this the 27th day of March, 2024


                                            ORDER

Petitioner is the accused in C.C.No.752/2017 on the files of the Judicial

First Class Magistrate Court-II, Kanjirappally, now pending as

L.P.No.32/2018, arising out of Crime No.370/2014 of Ponkunnam Police

Station. Petitioner was initially arrayed as the first accused in

C.C.No.1109/2014, alleging offences punishable under Sections 143, 147,

148, 324, and 283 r/w Section 149 of the Indian Penal Code, 1860.

Altogether, there were totally 15 accused in the said crime, since

petitioner had absconded, the case against him was split up and

renumbered as mentioned earlier. The accused Nos.2 to 15 faced trial,

and they were acquitted by judgment dated 19.10.2017 in

C.C.No.1109/2014. In this petition, filed under Section 482 of Cr.P.C.,

petitioner seeks the benefit of the acquittal of the co-accused to be

extended to him as well.

2. According to the prosecution, on 12.04.2014 at 11.30 p.m. accused

formed themselves into an unlawful assembly, obstructed the public

pathway, shouted obscene words, and thereafter caused annoyance to the

pilgrims assembled there after disobeying the lawful order of police

officials, and started hitting against each other with sticks in their hands,

thereby committing the offences alleged.

3. In the trial that was held against accused 2 to 15, in C.C.No.1109/2014,

the learned Magistrate, after appreciating the evidence adduced by the

prosecution, observed that the prosecution witnesses were not able to

identify any of the accused, especially since there was a huge crowd in

the temple festival. It was further observed, as follows:

9.On going through the evidence and on hearing both sides, it could be seen that the accused are not properly identified by the investigating agency. Even though it is stated that they were identified by the statements of CW1 and CW2, they completely denied the prosecution case. There is absolutely no evidence to connect the accused with the offence. Hence prosecution has failed to prove the case beyond reasonable doubt.

4. The above findings indicate that the prosecution had not been able to

connect any of the accused to the offences, which would undboubtedly

include the petitioner. The substratum of the prosecution case, by virtue

of the acquittal of accused 2 to 15, has been destroyed, in view of the

aforesaid findings.

5. Since the substratum of the prosecution case even as against the

petitioner, has been destroyed, no purpose would be achieved by

continuing the prosecution.

Accordingly, all proceedings against the petitioner in C.C.No.752/2017

now pending as L.P.No.32/2018 on the files of the Judicial First Class

Magistrate Court-II, Kanjirappally arising out of Crime No.370/2014 of

Ponkunnam Police Station, shall stand quashed.

The Crl.M.C.is allowed as above.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/27/03/2024

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR NO. NO 370/2014 OF PONKURMAM POLICE STATION 13.04.2014.

ANNEXURE A2 THE CERTIFIED COPY OF THE FINAL REPORT IN FIR NO 370/2014 OF PONKUNNAN POLICE STATION 31.05.2014.

ANNEXURE A3 THE CERTIFIED COPY OF JUDGMENT DATED 19/10/2017, IN CC NO. 1109/2014 OF JFCM -11 KANJIRAPALLY.

ANNEXURE A4 TRUE COPY OF THE E-MAIL RECEIVED BY THE PETITIONER FROM THE PASSPORT OFFICE.

TRUE COPY