Kerala High Court
Clemence Thottappily vs State Of Kerala on 26 May, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:36126
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
WP(CRL.) NO. 237 OF 2025
PETITIONER:
CLEMENCE THOTTAPPILY
AGED 57 YEARS
S/O. ANTO, RESIDING AT THOTTAPPILLY HOUSE,
CHALAKUDY P.O., THRISSUR, PIN - 680307
BY ADVS.
P.SANJAY
A.PARVATHI MENON
P.K.MURALYKRISHNAN
BIJU MEENATTOOR
PAUL VARGHESE (PALLATH)
KIRAN NARAYANAN
RAHUL RAJ P.
MUHAMMED BILAL.V.A
MEERA R. MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE STATE POLICE CHIEF, STATE
POLICE HEADQUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695010
2 THE STATION HOUSE OFFICER
MALA P.S., REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
3 SAJIN SASI
STATION HOUSE OFFICER, MALA POLICE STATION,
THRISSUR, KERALA, PIN - 68073
4 BENNY K.T.
S/O THOMAS, KALAPURACKAL HOUSE, MALA P.O.,
THRISSUR, PIN - 680732
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WP(CRL.) NO. 237 OF 2025
2
5 BENNY JOHN
S/O. JOHN, AYNICKAL HOUSE, THIRUMUKULAM
VILLAGE, KUNDOOR DESOM, MALA P.O., THRISSUR.,
PIN - 680732
SRI.HRITHWIK.C.S, SR PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 26.05.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 237 OF 2025
3
P.V.KUNHIKRISHNAN, J
--------------------------------
W.P (Crl) No.237 of 2025
-------------------------------
Dated this the 26th day of May, 2025
JUDGMENT
The above Writ Petition (Crl) is filed with the following
prayers:
" i. Call for the original records leading to Ext.P8 on
the file of JFCM Court Chalakudy in CC 445/2023 and
peruse the same.
(ii) Issue a Writ of Certiorari and quash to Ext.P8 on
the file of JFCM Court, Chalakudy in CC No.445/2023
or set them aside.
(iii) Issue a Writ of Certiorari and quash to Ext.P10
on the file of JFCM Court, Chalakudy in CC
No.1435/2023 and direct the 1st respondent to carry
out fresh investigation in Crime No.1351/2022 of
Mala police station in accordance with law through
an officer other than the 3rd respondent.
(iv) Direct the 1st respondent to consider Ext.P12 in
accordance with law and pass appropriate orders
within a time frame to be fixed by this Hon'ble Court.
(v) Award cost of this Writ Petition."
[SIC]
2. The petitioner is an accused in a case pending
before the Judicial First Class Magistrate Court, Chalakkudy.
The grievance of the petitioner is that, the investigation
conducted in the above case is not proper. It is also the case
of the petitioner that, petitioner was attacked and an
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WP(CRL.) NO. 237 OF 2025
intimation of the same was sent from the hospital to the Police
Station concerned. Even then, no crime is registered. According
to the petitioner, the assailants in the case pending against the
petitioner were invited to the Police Station, and an FIR was
registered, and thereafter, the final report is filed. The
petitioner narrated his grievance to the 1 st respondent, as
evident by Ext.P12. Even then, there is no response. Hence,
this Writ Petition (Crl).
3. Heard the learned counsel for the petitioner and the
Public Prosecutor.
4. After hearing both sides, without expressing any
opinion on merit, there can be a direction to the 1st respondent
to consider Ext.P12 and take appropriate steps in accordance
with law and inform the decision to the petitioner within a time
frame.
Therefore, this Writ Petition (Crl) is disposed of with the
following directions:
1. The State Police Chief will consider Ext.P12
and take appropriate steps in accordance with
law and inform the decision taken in Ext.P12 to
the petitioner as expeditiously as possible, at
any rate, within a period of six weeks from the
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date of receipt of a certified copy of this
judgment.
2. The petitioner will produce a certified copy of
the judgment along with a copy of this petition
with Exhibits before the State Police Chief for
compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
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WP(CRL.) NO. 237 OF 2025
APPENDIX OF WP(CRL.) 237/2025
PETITIONER EXHIBITS
Exhibit P-2 TRUE COPY OF THE WOUND CERTIFICATE OF
THE PETITIONER DATED 27.12.2022,
ISSUED BY ST. JAMES HOSPITAL,
CHALAKUDY
Exhibit P-3 TRUE COPY OF THE PLAINT IN O.S. NO.
808/2014 OF MUNSIFF COURT, CHALAKKUDY
DATED 26.08.2014
Exhibit P-4 TRUE COPY OF JUDGMENT IN O.S 808/
2014 OF MUNSIFF COURT, CHALAKKUDY
DATED 12.03.2015
Exhibit P-5 TRUE COPY OF THE RESTORATION
APPLICATION(I.A 5/ 2025 IN O.S 808/
2014) DATED 21.01.2025
Exhibit P-6 CERTIFIED COPY OF THE FIS AND FIR
DATED 29.12.2022 IN CRIME NO.
1350/2022 OF MALA POLICE STATION
Exhibit P-7 CERTIFIED COPY OF THE FIS AND FIR
DATED 29.12.2022 IN CRIME NO.
1351/2022 OF MALA POLICE STATION
Exhibit P-8 CERTIFIED COPY OF THE FINAL REPORT IN
CRIME NO. 1350/ 2022 DATED 28.02.2023
Exhibit P-9 TRUE COPY OF THE COMPLAINT DATED
20.07.2023 FILED BY THE PETITIONER
BEFORE THE DY. S.P, IRINJALAKKUDA
Exhibit P-10 CERTIFIED COPY OF THE FINAL REPORT
OF MALA POLICE STATION
Exhibit P-11 TRUE COPY OF THE FIR IN CRIME NO.
517/ 2023 OF MALA POLICE STATION
DATED 22.05.2023
Exhibit P-12 TRUE COPY OF REPRESENTATION BEFORE
THE 1ST RESPONDENT DATED 08.01.2025
Exhibit P-13 CERTIFIED COPY OF THE SCENE MAHAZAR
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WP(CRL.) NO. 237 OF 2025
IN CRIME 1350/2024 OF THE MALA POLICE
STATION DATED 30.12.2022
