Kerala High Court
Sajeendran vs State Of Kerala on 16 July, 2025
2025:KER:52589
Crl.M.C.No.2078/2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
CRL.MC NO. 2078 OF 2021
CRIME NO.743/2008 OF SASTHAMCOTTA POLICE STATION, KOLLAM
PETITIONERS/ACCUSED 1 & 2:
1 SAJEENDRAN
AGED 40 YEARS
S/O. GANGADHARAN,
NELLIVILA PUTHENVEETTIL VADAKKATHIL HOUSE,
UDAYA JUNCTION, EDAVANASSERI MURI,
MYNAGAPPALLY P.O, KOLLAM DISTRICT,
PIN 690 519
2 BAIJU
AGED 40 YEARS
S/O. MURALEEDHARAN,
MANNETHU PADINJATTATHIL HOUSE,
UDAYA JUNCTION,
EDAVANASSERI MURI, MYNAGAPPALLY P.O,
KOLLAM DISTRICT, PIN 690 519
BY ADV SRI.ARUN MATHEW VADAKKAN
RESPONDENTS/STATE & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM
PIN 682 031
2 MANKAMMA
AGED 67 YEARS
D/O. PARUKUTTY AMMA,
MEKKE PUTHUVEETTIL,
KARUNYA HOUSE,
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Crl.M.C.No.2078/2021
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EDAVANASSERI MURI,
MYNAGAPPALLY P.O,
KOLLAM DISTRICT,
PIN 690 519
3 SANAL KUMAR,
AGED 42 YEARS
S/O. BHASKARA PILLAI,
MEKKE PUTHUVEETTIL,
KARUNYA HOUSE, EDAVANASSERI MURI,
MYNAGAPPALLY P.O,
KOLLAM DISTRICT,
PIN 690 519
4 GEETHAKUMARI,
AGED 47 YEARS
D/O. MANKAMMA,
MEKKE PUTHUVEETTIL,
KARUNYA HOUSE,
EDAVANASSERI MURI,
MYNAGAPPALLY P.O,
KOLLAM DISTRICT,
PIN 690 519
OTHER PRESENT:
SRI SANAL P. RAJ, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C.No.2078/2021
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ORDER
The petitioners are accused Nos.1 & 2 in C.C.No.446/2020 on the
files of the Judicial First Class Magistrate Court (Temporary)
Sasthamcotta, which arose out of Crime No.743/2008 of Sasthamcotta
Police Station, Kollam. The offences alleged against them are under
Sections 452, 294(b), 323, 506(i) & 354 read with Section 34 of the
Indian Penal Code, 1860. The prosecution case is that the petitioners,
along with two other accused, trespassed into the house of the de facto
complainant at about 8:30 p.m, on 15.12.2008, and resorted to physical
violence and verbal abuse. There is also the allegation that the third
accused had caught hold of the hands of CW3, and outraged her
modesty.
2. The accused Nos.3 & 4 faced trial before the learned
Magistrate in C.C.No.2337/2015. Since the presence of the petitioners
herein could not be procured during that time, the case against them
was split up by the Trial Court. After the completion of the trial, with the
examination of three witnesses as PW1 to PW3, and the marking of one
document as Ext P1, the learned Magistrate found that there was
absolutely no evidence to establish the charge levelled against the
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accused since all the material witnesses examined as PW1 to PW3 turned
hostile to the prosecution. The learned Magistrate also took note of the
fact that PW1 to PW3 and accused Nos.3 & 4 had filed an application to
compound the offence. Thus, by the judgment rendered on 15.12.2020
in C.C.No.2337/2015, the accused Nos.3 & 4 were acquitted with the
finding that there was absolutely no evidence to establish the charge
levelled against them.
3. In the present petition, the petitioners would contend that
they are also entitled to the acquittal, in view of the finding of the
learned Magistrate in Annexure-A2 judgment, that the prosecution has
failed to establish the charge levelled against the accused.
4. Heard the learned counsel for the petitioners and the learned
Public Prosecutor representing the State of Kerala.
5. It is apparent from Annexure-A2 judgment rendered by the
Trial Court in C.C.No.2337/2015 that the entire substratum of the
prosecution case is lost, since the material witnesses examined as PW1
to PW3, turned hostile and took up the contention that they were totally
unaware of the persons who committed the crime involved in this case.
In view of the above finding of the Trial Court, the continuation of the
prosecution against the petitioners herein would not serve any purpose.
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The termination of the prosecution proceedings against the petitioners is
highly necessary to avoid the wastage of precious judicial time.
Therefore, the prayer of the petitioners to quash the proceedings against
them in C.C.No.446/2020, is well founded.
In the result, the petition stands allowed. The proceedings against
the petitioners (accused Nos.1 & 2 in the final report filed in Crime
No.743/2008 of Sasthamcotta Police Station, Kollam) in C.C.No.446/2020
on the files of the Judicial First Class Magistrate Court (Temporary),
Sasthamcotta, are hereby quashed.
(Sd/-)
G. GIRISH, JUDGE
DST/16.07.25
2025:KER:52589
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1 CERTIFIED COPY OF THE FINAL REPORT IN CRIME
NO. 743/2008 OF SASTHANCOTTAH POLICE
STATION, KOLLAM DISTRICT DATED 30-12-2008
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN C.C NO.
2337/2015 ON THE FILE OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS (TEMPORARY),
SASTHANCOTTAH DATED 15-12-2020
