Kerala High Court
Vinod Kumar @ Unni vs State Of Kerala on 27 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:80294
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
MONDAY, THE 27TH DAY OF OCTOBER 2025 / 5TH KARTHIKA, 1947
CRL.MC NO.8849 OF 2025
CRIME NO.634/2013 OF Balaramapuram Police Station,
Thiruvananthapuram
SC NO.1786 OF 2025 OF ASSISTANT SESSIONS COURT, NEYYATTINKARA
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PETITIONERS/ACCUSED 9 & 24 :-
1 VINOD KUMAR @ UNNI
S/O.RAVEENDRAN, PUNNAKANDATHIL VAYALNIKATHIYA VEEDU,
THALAYAL, ATHIYANNOOR, THIRUVANANTHAPURAM,
PIN - 695 123
2 ANEESH
S/O BABU, LEKSHMIKA, PERUMKODEKONAM, AVANAKUZHI,
KOTTUKAL, THIRUVANANTHAPURAM, PIN - 695 501
BY ADVS.
SRI.VISHNU BHUVANENDRAN
SMT.B.ANUSREE
SRI.ABDUL FATHAH
SMT.AFEEFA AZIM
SHRI.NOYAL JOHNY
RESPONDENT :-
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031
SRI.SANAL P. RAJ, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
27.10.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.8849 of 2025
-: 2 :-
2025:KER:80294
ORDER
Dated this the 27th day of October, 2025
The petitioners are accused Nos.9 and 24 in S.C.
No.1786 of 2025 on the file of the Assistant Sessions
Court, Neyyattinkara (for short 'the Trial Court'), which
arises out of Crime No.634 of 2013 registered by the
Balaramapuram Police Station, Thiruvananthapuram, as
against the accused persons for allegedly committing the
offences punishable under Sections 143, 147, 148, 324,
353, 506(ii) and 307 read with Section 149 of the Indian
Penal Code and Section 27 of the Arms Act, 1959.
2. The crux of the prosecution case is that, on
03.07.2013, the accused persons, in prosecution of their
common intention, had formed an unlawful assembly and
as per the instructions of the 1 st accused, they attacked
CW1 with deadly weapons and caused hurt to him. Thus,
the accused have committed the above offences.
2025:KER:80294
3. The Investigating Officer had filed
Annexure-II final report before the jurisdictional court.
The petitioners had got themselves enlarged on bail and
were attending the trial without fail. However, when the
case was posted for judgment, the petitioners were absent.
Consequently, the Trial Court cancelled the bail bonds and
issued Non-Bailable Warrants against the petitioners and
split up the case against them. Accordingly, the case was
re-numbered as S.C. No.1786 of 2025.
4. The petitioners contend that even though
accused Nos.1 to 5, 7, 10 to 14, 16, 17, 19 to 22, 25, 26
and 28 were proceeded with, by Annexure-III judgment,
the said accused persons were acquitted on the finding
that the prosecution had failed to prove beyond reasonable
doubt that the said accused persons had committed the
above offences. In the light of the above judgment, it
would be a sheer waste of time to proceed with the trial as
against the petitioners. Therefore, the Crl.M.C may be
2025:KER:80294
allowed by quashing further proceedings as against the
petitioners in the light of Annexure-III judgment.
5. I have heard the learned counsel for the
petitioners and the learned Public Prosecutor.
6. Crime No.634 of 2013 was registered
against the petitioners and the other accused persons for
allegedly committing the above offences. Indisputably, the
Investigating Officer had laid Annexure-II final report as
against all the accused persons.
7. It is not in dispute that the petitioners were
not present on the date the Annexure-III judgment was
pronounced. Accordingly, the Trial Court split up the case
against the petitioners and acquitted the accused already
mentioned above on the finding that they were not guilty
for the offences alleged against them.
8. In Moosa v. Sub Inspector of Police
[2006 (1) KLT 552], a Full Bench of this Court has held
that in a case where the very substratum of the case is lost
by the acquittal of the co-accused, the inherent power of
2025:KER:80294
this Court can be exercised to quash the proceedings
against the other accused persons. The same view has
been repeatedly reiterated by the Hon'ble Supreme Court
and this Court in a catena of precedents.
9. I have carefully gone through the findings in
Annexure-III judgment. The Trial Court, after analysing
the oral testimonies and the materials on record, came to a
conclusion that the accused persons were not identified
and there was no material to substantiate the culpability of
the accused persons in the crime. Accordingly, it was
found that it was not possible to come to a conclusion that
the reason for the injury caused to PW1 (CW1) was as
alleged by the prosecution, and that the prosecution had
failed to prove beyond reasonable doubt that it was the
accused persons who caused hurt to CW1 and obstructed
the police officials from exercising their duties as public
servants.
10. On an anxious consideration of the facts and
the materials on record, particularly the findings in
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Annexure-III judgment, I am of the definite view that the
said findings are squarely applicable to the case of the
petitioners also. Even if the petitioners withstand the
ordeal of trial, it will not yield a different result than
Annexure-III judgment. Thus, I am convinced that the
findings of acquittal in Annexure-III judgment shall enure
to the benefit of the petitioners also. It would be a sheer
waste of judicial time to conduct the trial all over again.
Thus, in exercise of the inherent powers of this Court
under Section 528 of the Bharatiya Nagrik Suraksha
Sanhita, 2023, I am inclined to allow the Crl.M.C.
In the aforesaid circumstances, I allow this
Crl.M.C. by quashing Annexure-I FIR, Annexure-II final
report and also the proceedings in S.C. No.1786 of 2025
on the file of the Assistant Sessions Court, Neyyattinkara,
as against the petitioners.
Sd/-
C.S. DIAS, JUDGE
Jvt/28.10.2025
2025:KER:80294
PETITIONER ANNEXURES :-
Annexure-I CERTIFIED COPY OF THE FIR IN CRIME NO. 634/2013
OF BALARAMAPURAM POLICE STATION,
THIRUVANANTHAPURAM DATED 04.07.2013
Annexure-II CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.
634/2013 OF BALARAMAPURAM POLICE STATION,
THIRUVANANTHAPURAM DATED 04.07.2015
Annexure-III TRUE COPY OF THE JUDGEMENT IN SC NO. 658/2017 OF
THE ASSISTANT SESSIONS COURT, NEYYATTINKARA
DATED 10.04.2025
Annexure-IV TRUE COPY OF THE DAILY STATUS IN SC NO. 658/2017
ON THE FILES OF THE ASSISTANT SESSIONS COURT,
NEYYATTINKARA OBTAINED FROM E-COURTS WEBSITE
DATED 09.04.2025
Annexure-V TRUE COPY OF THE DAILY STATUS IN SC NO. 658/2017
ON THE FILES OF THE ASSISTANT SESSIONS COURT,
NEYYATTINKARA OBTAINED FROM E-COURTS WEBSITE
DATED 10.04.2025
