Kerala High Court
Abdul Basith vs State Of Kerala on 8 July, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl. Rev. Pet.No.433 of 2025
2025:KER:50399
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 8TH DAY OF JULY 2025 / 17TH ASHADHA, 1947
CRL.REV.PET NO. 433 OF 2025
CRIME NO.139/2022 OF Palakkad Town South Police Station,
Palakkad
AGAINST THE ORDER/JUDGMENT DATED 31.01.2025 IN CRMP
1928/2024 IN CC NO.363 OF 2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -III, PALAKKAD
REVISION PETITIONER(S)/PETITIONERS/ACCUSED NO.1 TO 10:
1 ABDUL BASITH
AGED 22 YEARS, S/O SAIDALAVI, AZHUVALAPPIL (H),
KUMMINIPARAMBU P.O, KONDOTTY, MALAPPURAM,
PIN - 673638
2 EBIN ANTONY
AGED 23 YEARS, S/O ANTONY, MATTAKKAL HOUSE,
KUNAMMAVU P.O, ERNAKULAM, PIN - 683518
3 VAISHNAV
AGED 21 YEARS, S/O VENU GOPALAN, MADAMBATH (H),
NADUVATTAM, NEDUNGOTUR P.O, PATTAMBI, PALAKKAD,
PIN - 679308
4 AJAS
AGED 25 YEARS, S/O ASHRAF, AJAS MANZIL, KILLI,
KOLLODE P.O, KATTAKKADA, THIRUVANANTHAPURAM,
PIN - 695571
5 PRANAV
AGED 22 YEARS, S/O BALAN, CHUNGATHPARAMBIL (H),
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KODANADU P.O, ERNAKULAM, PIN - 683544
6 SARANGU
AGED 21 YEARS, S/O CHANDRAN, KIZHAKAYIL (H),
MULLAMPATHU P.O, KAKKATTIL, KOZHIKKODE,
PIN - 673507
7 SURAGU
AGED 24 YEARS, S/O BALAN, MURIKKOLE, PURAYIL
(H), CHELAMBRA P.O, MALAPPURAM, PIN - 673634
8 RAGESH RAJU
AGED 22 YEARS, S/O RAJU, KAKKIMUKKU (H), KARARA
P.O, ATTAPPADY, PALAKKAD, PIN - 678581
9 JINU JOSE
AGED 22 YEARS, S/O DAVID JOSE, MASI VILLA (H),
MADHYAMAM ROAD, MARADU P.O, ERNAKULAM,
PIN - 682020
0 ANURAG
AGED 21 YEARS, S/O UNNIKRISHNAN, THUMBARAMBIL
(H), MEZHATHUR P.O, THRITHALA, PALAKKAD,
PIN - 679534
BY ADVS.
SMT.M.A.SULFIA
SRI.ABDUL JALEEL.A
RESPONDENT(S)/COUNTER PETITIONERS/STATE AND DEFACTO
COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 STATION HOUSE OFFICER
PALAKKAD SOUTH POLICE STATION, PALAKKAD
DISTRICT, PIN - 678013
3 ABHINAND
AGED 18 YEARS, S/O PURUSHU, VANNATTHAN VEETTIL,
PERINGATHUR P.O, THALASSERY, KANNUR, PIN -
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670675
4 ARJUN
AGED 19 YEARS, S/O SHAJI, CHELAPPURATH THARAYIL
(H), PANNIYOOR, AANAKKARA P.O, PALAKKAD,
PIN - 679551
5 ASHLIN KRISHNA
AGED 20 YEARS, S/O KRISHNAN, PERUVAANIYAM
KANDIYIL (H), PULIYAAV P.O, PARAKKADAV,
KOZHIKODE, PIN - 673509
6 ALEN JOSEPH @ JOSEPH ALEN M
AGED 20 YEARS, S/O LAWRANCE M.A, MANGHIRAMKKAD
HOUSE, PARAVOOR, ERNAKULAM, HAVING MY CORRECT
ADDRESS AS MANJILIKATTU HOUSE ELOOKKARA,
MUPPATHADAM P.O, ALUVA, ERNAKULAM DISTRICT,
PIN - 683110
BY ADVS.:
SR PP, SRI HRITHWIK C S
SHRI.A.E.ALIYAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 08.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J.
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Crl. Rev. Pet. No.433 of 2025
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Dated this the 08th day of July, 2025
ORDER
This Criminal Revision Petition is filed against
the order dated 31.01.2025 in Crl.MP No.1928/2024
in CC No.363/2022 on the file of the Judicial First
Class Magistrate Court-III, Palakkad.
2. The short point raised by the petitioners is
that the petitioners filed a discharge petition before
the learned Magistrate. The learned Magistrate
dismissed the same stating that this case is to be
committed to the Sessions Court. By passing a
dismissal order, the petitioner is losing an
opportunity to file a discharge petition is the
contention. I am of the considered opinion that the
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petitioner has got a right to file a fresh application
before the Sessions Court for discharge, once the
case is committed.
Therefore, granting liberty to the petitioner to
file a fresh discharge petition, once the case is
committed, this Criminal Revision Petition is disposed
of. The Judicial First Class Magistrate Court-III,
Palakkad will do the needful to commit the case, in
accordance with law, forthwith.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
2025:KER:50399
APPENDIX OF CRL.REV.PET 433/2025
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED
5/4/2024 IN CRL.M.C. NO. 3279/2024 OF
HONORABLE HIGH COURT
ANNEXURE A2 THE TRUE COPY OF THE AFFIDAVIT DATED
12/02/2024 FILED BY 4TH RESPONDENT
ANNEXURE A3 THE TRUE COPY OF FINAL REPORT
242/2022 DATED 26/03/2022
ANNEXURE A3(A) THE TRUE COPY OF CRLMP NO 1928/2024
IN CC NO 363/2022 DATED 21/05/2024
ANNEXURE A4 THE TRUE COPY OF THE STATEMENT DATED
2/3/22 GIVEN BY RESPONDENT NO 3
BEFORE THE POLICE
ANNEXURE A5 THE TRUE COPY OF THE STATEMENT DATED
2/3/22 ALONG WITH THE ADDITIONAL
STATEMENT DATED 7/03/22 GIVEN BY
RESPONDENT NO 5 BEFORE THE POLICE
ANNEXURE A6 THE TRUE COPY OF THE STATEMENT DATED
11/3/22 GIVEN BY RESPONDENT NO 4
BEFORE THE POLICE
ANNEXURE A7 THE TRUE COPY OF THE STATEMENT DATED
11/3/22 GIVEN BY RESPONDENT NO 6
BEFORE THE POLICE
ANNEXURE A8 THE TRUE COPY OF THE STATEMENT DATED
2/3/22 GIVEN BY FATHER OF 3RD
RESPONDENT BEFORE THE POLICE
ANNEXURE A9 THE TRUE COPY OF THE STATEMENT DATED
28/2/22 GIVEN BY RANJITH, WHO IS THE
WATCHMAN OF THE SAID COLLEGE BEFORE
THE POLICE
ANNEXURE A10 THE TRUE COPY OF THE STATEMENT DATED
02/3/22 GIVEN BY MOTHER OF RESPONDENT
NO 5 BEFORE THE POLICE
ANNEXURE A11 THE TRUE COPY OF THE STATEMENTS DATED
26/2/22 AND 26/3/22 GIVEN BY SEEMA,
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WHO IS THE PRINCIPAL OF GOVERNMENT
POLYTECHNIC COLLEGE BEFORE THE POLICE
ANNEXURE A12 THE TRUE COPY OF THE STATEMENTS DATED
28/2/22 AND 25/03/2022 GIVEN BY
SUBASH P.T, WHO IS THE RESIDENTIAL
TUTOR OF THE SAID COLLEGE HOSTEL
BEFORE THE POLICE
ANNEXURE A13 THE TRUE COPY OF THE STATEMENTS DATED
6/3/22 GIVEN BY HEAD COOK (NARAYANAN)
AND ASSISTANT COOK (VELAYUDHAN) OF
THE COLLEGE HOSTEL BEFORE THE POLICE
ANNEXURE A14 THE TRUE COPY OF THE STATEMENT DATED
26/2/22 GIVEN BY SARITHA CHANDRAN,
WHO IS ASSISTANT PROFESSOR OF THE
POLYTECHNIC COLLEGE BEFORE THE POLICE
ANNEXURE A15 TRUE COPY OF THE STATEMENT DATED
04/3/22 GIVEN BY SURESH BABU, WHO IS
THE HEAD OF INSTUMENTATION
ENGINEERING DEPARTMENT OF THE SAID
COLLEGE BEFORE THE POLICE
ANNEXURE A16 THE TRUE COPY OF THE STATEMENT DATED
04/3/22 GIVEN BY DEEPAMUKUNDAN, WHO
IS THE ASSISTANT PROFESSOR AND THE
MEMBER OF ANTI RAGGING COMMITTEE OF
THE SAID COLLEGE BEFORE THE POLICE
ANNEXURE A17 THE TRUE COPY OF THE STATEMENTS DATED
11/3/22, 14/3/22, 16/03/2022 &
23/3/22 RESPECTIVELY OF 1ST YEAR
STUDENTS OF VARIOUS DEPARTMENTS
STAYING IN THE MEN'S HOSTEL OF THE
SAID COLLEGE BEFORE THE POLICE
//TRUE COPY//
PA TO JUDGE
