Kerala High Court
K.Mohanan vs State Of Kerala on 10 September, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:67023
WP(CRL.) NO. 1152 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 10TH DAY OF SEPTEMBER 2025 / 19TH BHADRA, 1947
WP(CRL.) NO. 1152 OF 2025
CRIME NO.127/2008 OF Vanchiyoor Police Station,
Thiruvananthapuram
SC NO.1038 OF 2013 OF ASSISTANT SESSIONS COURT-II,
THIRUVANANTHAPURAM
PETITIONER:
K.MOHANAN
AGED 58 YEARS
S/O KRISHNANKUTTY, TC 28/297, SEEVELLI NAGAR,
SREEKANTESWARAM, PETTAH P O, THIRUVANANTHAPURAM,
PIN - 695024
BY ADVS.
SHRI.SUVIN.R.MENON
SMT.PARSHATHY S.R.
SHRI.ACHUTH KRISHNAN R.
SMT.CRISTY THERASA SURESH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY REPRESENTED BY THE ADDITIONAL CHIEF
SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF
KERALA, ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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WP(CRL.) NO. 1152 OF 2025
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2 ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 JOINT SECRETARY
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 UNDER SECRETARY
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
5 STATION HOUSE OFFICER
VANCHIYOOR POLICE STATION, VANCHIYOOR RD,
VANCHIYOOR, THIRUVANANTHAPURAM - 695035
ADDL.R6. RANJITH KUMAR @CHUKRAN RANJITH
S/O SREEDHARAN NAIR TC 29/1510,
MADAVILAKATH VEETTIL OLD POST OFFICE LINE
PALKKULANGARA WARD PETTA VILLAGE , PIN 695024
ADDL.R7. HARI PRASAD
S/O BHASKARAN NAIR REENA HOUSE, OPP SENT ROCH'S
L.P. SCHOOL VANCHIYOOR VILLEGE ,PIN 695035
ADDL.R8. AJI KUMAR @ MOTTA AJI
S/O VIJAYA MANI TC 29/557,
KAVARADI VETTAVILAKATHU VEETTIL
PALKKULANGARA WARD, PETTA VILLAGE , PIN 695024
ADDL.R9. NARAYANAN KUTTI @VELLI NARAYANAN
S/O GOPA KUMAR TC 34/760, WHATS ROAD,
NEAR SANKUMUGAM CHILDRENS PARK,
PETTA VILLEGE , PIN 695008
ADDL.R10. KANNAN S/O AJITH
MEFAIR VEEDU TC 29/507
NEAR KAVARADI JUNCTION, PALKKULANGARA WARD,
VANCHIYOOR VILLEGE, PIN 695035
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ADDL.R11. RANJITH @ JUDE RANJITH
S/O OUSEPH SANTHI HOUSETC 34/930,
ST AANS CHURCH NORTH SIDE,
THOPPU SANKUMUGAM WARD, PIN 695004
ADDL.R12. KRISHNA KUMAR @AMBALAMUKK KRISHNA KUMAR @ KICHU
S/O JAYACHANDRAN PTP HOUSE NUMBER 50,
MUKUNDA VIHAR PTP NAGAR EAST,
VATTIYOORKKAVU VILLEGE , PIN 695038
(ADDL.R6 TO R12 IMPLEADED VIDE ORDER DATED
01/09/2025 IN IA 1/25 IN WP(CRL) 1152/2025
OTHER PRESENT:
SRI C K SURESH, SPL PP,
SRI S RAJEEV- ADDL R6-12
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.09.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.1152 of 2025
----------------------------------------------
Dated this the 10th day of September, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. issue a Writ of Certiorari or any other appropriate
Writ or Order to set aside Exhibit P8 Order dated
24.03.2025 issued by the 3rd Respondent, Joint
Secretary to the Government of Kerala, in the interest
of justice.
ii. ssue a Writ of Mandamus or any other appropriate
Writ, Order or Direction directing the Respondents 1
and 2 to appoint Adv. Prathap G Padickal as Special
Public Prosecutor to conduct prosecution in in S.C
No. 1038 of 2013 on the files of the Court of
Additional Assistant Sessions Judge -II.
iii. exempt the Petitioner from filing the English
translated copies of the Exhibits in vernacular
languages.
iv. issue such other reliefs that this Hon'ble Court may
deem fit and proper in the facts and circumstances of
the case.
(SIC)
2. Petitioner is the victim in S.C.No.1038 of 2013 on the
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file of the Additional Assistant Sessions Court-II,
Thiruvananthapuram, which arises from Crime No.127 of 2008 of
Vanchiyoor Police Station, Thiruvananthapuram. It was a case
registered alleging offences punishable under Sections 143, 147,
148, 149, 452, 341, 324 and 307 IPC. According to the petitioner,
the accused in the case are CPI(M) workers and the petitioner is
a member of Rashtriya Swayamsevak Sangh. According to the
petitioner, the Prosecutor now appointed is by the present
Government and he apprehends that he will not get justice from
the present Prosecutor. Therefore the petitioner submitted a
representation before the Government for appointment of a
Special Public Prosecutor. The same is rejected as per Ext.P8.
Aggrieved by the same, this writ petition is filed.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor. I also heard Adv.S.Rajeev, who
appeared for the party respondents.
4. When this writ petition came up for consideration, this
Court directed the Public Prosecutor to get instruction in the
peculiar facts and circumstances of the case. The Public
Prosecutor fairly submitted that he contacted the competent
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authority and if a fresh application is filed with a panel of lawyers,
the same will be considered. The counsel for the petitioner
submitted that the petitioner will bear the entire expense of the
Special Public Prosecutor. The same is recorded. The counsel for
the petitioner submitted that the case is posted for trial to
11.09.2025. There can be a direction to defer the trial so that the
Special Public Prosecutor can be appointed from the panel
furnished by the petitioner.
Therefore, this writ petition is disposed of with following
directions:
1. The petitioner will file a fresh application
for appointment of a Special Public
Prosecutor in S.C.No.1038 of 2013 on the
file of the Additional Assistant Sessions
Court-II, Thiruvananthapuram, which
arises from Crime No.127 of 2008 of
Vanchiyoor Police Station, within two
weeks from the date of receipt of a copy of
this judgment.
2. The petitioner should mention a panel of
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lawyers for appointment of the Special
Public Prosecutor.
3. Once such an application is received, the
1st respondent will consider the same and
pass appropriate orders in it, as
expeditiously as possible, at any rate,
within two months from the date of receipt
of the application, appointing one of the
person from the panel.
4. The trial in S.C.No.1038 of 2013 on the file
of the Additional Assistant Sessions Court-
II, Thiruvananthapuram, shall be deferred
for a period of three months.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
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WP(CRL.) NO. 1152 OF 2025
APPENDIX OF WP(CRL.) 1152/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR IN CRIME NO. 127 OF 2008
ON THE FILES OF THE VANCHIYOOR POLICE STATION
ALONG WITH THE FIRST INFORMATION STATEMENT
Exhibit P2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
CRIME NO. 127 OF 2008 ON THE FILES OF THE
VANCHIYOOR POLICE STATION, FILED BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM
Exhibit P3 TRUE COPY OF THE REPORT DATED 20.07.2010
FORWARDED BY THE DIRECTOR OF THE FORENSIC
SCIENCE LABORATORY TO THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
Exhibit P4 A TRUE COPY OF THE APPLICATION DATED
16.03.2024 FILED BY THE PETITIONER BEFORE THE
HOME SECRETARY OF THE GOVERNMENT OF KERALA
Exhibit P5 TRUE COPY OF THE ORDER DATED 06.05.2024
ISSUED BY THE UNDER SECRETARY TO THE
GOVERNMENT OF KERALA
Exhibit P6 TRUE COPY OF THE CIRCULAR NO.
264/C4/2017/HOME DATED 18.09.2017 ISSUED BY
THE HOME (C) DEPARTMENT, GOVERNMENT OF KERALA
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 06.01.2025 OF
THIS HON'BLE COURTIN WP(CRL.) 1421 OF 2024
Exhibit P8 TRUE COPY OF THE ORDER NO. G.O.
(RT)NO.952/2025/HOME DATED 24.03.2025 ISSUED
BY THE 3RD RESPONDENT
Exhibit P9 TRUE COPY OF THE REPORT DATED 28.08.2024,
PUBLISHED IN THE MANORAMA NEWS ONLINE PORTAL,
A PORTAL OF MANORAMA NEWS DAILY
Exhibit P10 TRUE COPY OF THE PROCEEDINGS DATED 29.07.2025
ON THE FILES OF THE COURT OF ADDITIONAL
ASSISTANT SESSIONS JUDGE -II IN S.C NO. 1038
OF 2013
