Kerala High Court
Joseph Mathew @ Roopesh vs State Of Kerala on 9 September, 2025
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
W.P.(Crl.).No.1204 of 2025
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2025:KER:66661
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 9TH DAY OF SEPTEMBER 2025 / 18TH BHADRA, 1947
WP(CRL.) NO. 1204 OF 2025
PETITIONER(S):
JOSEPH MATHEW @ ROOPESH
AGED 45 YEARS
S/O. MATHEW @ APPACHAN, RESIDING AT ARACKAPARAMBIL
HOUSE, ETTUMUKKU BHAGOM, MANJAPPETTY KARA,
KALKOONTHAL VILLAGE, NEDUMKANDAM. P.O., UDUMBANCHOLA
TALUK, IDUKKI DISTRICT, PIN - 685553
BY ADV. SMT.HARSHADEV M.
RESPONDENT(S):
1 STATE OF KERALA
REPRESENTED BY ADDITIONAL CHIEF SECRETARY, HOME AND
VIGILANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DEPUTY SUPERINTENDENT OF POLICE
CBCID HHW II, KOTTAYAM SUB DISTRICT, PIN - 686002
3 SIRAJUDHEEN
AGED 59 YEARS
S/O. ABDUL RAHIM, RESIDING AT MULLASSERIL HOUSE,
KALKOONTHAL KARA, KALKOONTHAL VILLAGE, NEDUMKANDAM.
P.O. IDUKKI DISTRICT, PIN - 685553
4 ANEESH RAJAN
AGED 37 YEARS
S/O. RAJAN, RESIDING AT VALLAMKADAVIL HOUSE, KALLR
KARA, KALKOONTHAL VILLAGE, NEDUMKANDAM. P.O. IDUKKI
DISTRICT, PIN - 685553
W.P.(Crl.).No.1204 of 2025
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5 VINCENT
AGED 51 YEARS
S/O. MATHAI, RESIDING AT CHEMBLAYIL HOUSE,
NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, NEDUMKANDAM.
P.O. IDUKKI DISTRICT, PIN - 685553
6 TONY JAMES
AGED 37 YEARS
S/O. JAMES, RESIDING AT THACHETHUPARAMBIL HOUSE,
NEDUMKANDAM KARA, KALKOONTHAL VILLAGE, NEDUMKANDAM.
P.O. IDUKKI DISTRICT, PIN - 685553
7 JUNAID
AGED 36 YEARS
S/O. MUHAMMED, RESIDING AT KARIMBANAKKAL HOUSE,
MUNGIYERUMA KARA, PARATHODU VILLAGE, NEDUMKANDAM.
P.O. IDUKKI DISTRICT, PIN - 685553
8 SOJAN
AGED 47 YEARS
S/O. JOSE, RESIDING AT CHUVAPPUNKAL HOUSE, MAVADI
KARA, KALKOONTHAL VILLAGE, NEDUMKANDAM. P.O. IDUKKI
DISTRICT., PIN - 685553
9 PRATHEESH
AGED 38 YEARS
S/O. PRASSANAN NAIR, RESIDING AT VALIYAVEETIL HOUSE,
NEDUMKANDAM KARA, KALKOONTHAL VILLAGE,NEDUMKANDAM.
P.O. IDUKKI DISTRICT, PIN - 685553
BY ADV. SR PP, SMT. SEETHA S
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 09.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(Crl.).No.1204 of 2025
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P.V.KUNHIKRISHNAN, J
--------------------------------
W.P.(Crl.) No.1204 of 2025
-------------------------------
Dated this the 09th day of September, 2025
JUDGMENT
The above Writ Petition (Crl.) is filed seeking the
following reliefs:
"i. Issue a writ of mandamus or any other
appropriate writ order or direction directing the 1st
respondent to consider Exhibit P3 representation pass
orders thereon appointing Special Public Prosecutor in
accordance with law.
ii. to dispense with the production of the
translation in to English, the Exhibit in Malayalam, pending
disposal of the Writ Petition Civil.
iii. grant such other writ, order or direction as if
deemed fit and proper by this Honourable Court in the facts
and circumstances of the case.
iv. Allow costs of the petitioners." [SIC]
2. Petitioner is the defacto complainant in S.C.
No.150/2016 on the file of the Additional Sessions Court - IV
(Adhoc-II), Thodupuzha. The petitioner submitted Ext.P3
2025:KER:66661
representation before the 1st respondent for appointment of a
Special Public Prosecutor. In the meanwhile, the trial is
scheduled, and no orders are passed in Ext.P3 is the grievance
of the petitioner.
3. Considering the facts and circumstances of the
case, I think there can be a direction to the 1 st respondent to
consider Ext.P3 within a short period.
Therefore, this Writ Petition (Crl.) is disposed of in the
following manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P3, as expeditiously as
possible, at any rate, within a period of two weeks from
the date of receipt of a copy of this judgment.
2. The petitioner will produce a certified copy of this
judgment before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN, JUDGE
DM
2025:KER:66661
APPENDIX OF WP(CRL.) 1204/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CHARGE SHEETED IN CRIME
NO. 488 OF 2012 DATED 26.03.2014
EXHIBIT P2 TRUE COPY OF THE CHARGE SHEETED IN CRIME
NO. 486 OF 2012 DATED 18.03.2012
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION BEFORE THE
HON'BLE ADDL CHIEF SECRETARY (HOME AND
VIGILANCE) GOVERNMENT OF KERALA
THIRUVANANATHAPURAM FIELD BY THE
PETITIONER DATED 25.08.2025
