Allowed

Ratheesh v. State of Kerala

Kerala HC22 Jun 2017Crl.MC/3704/2017

Case brief

AI extract

What is this about?

Allowed a Criminal Miscellaneous case to quash criminal proceedings against the petitioner, a third accused who surrendered and exited on bail. The High Court accepted the affidavit of settlement by victims and found no public interest. Ordered the Sessions Court to dispose of recovered material.

What did the court decide?

Proceedings in SC No.83/2010 quashed. Magistrate to pass appropriate orders for disposal of any material object produced.

Ratheesh Vs State of Kerala — Quashing and FIR | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

¶4

THURSDAY, THE 22ND DAY OF JUNE 2017/1ST ASHADHA, 1939

¶5

Crl.MC.No. 3704 of 2017 ()

¶6

SC 83/2010 OF ADDITIONAL SESSIONS COURT -IV, THRISSUR CP 62/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD CRIME NO. 713/2008 OF CHAVAKKAD POLICE STATION , TRISSUR

¶7

----------------

¶8

PETITIONER/ACCUSED:

¶9

RATHEESH,

¶10

AGED 33 YEARS, S/O ASHOKAN, VENKALATH HOUSE, THIRUVATHRA MUTTIL DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT.

¶11

BY ADV. SRI.RAJIT

¶12

RESPONDENT(S)/STATE,DEFACTO COMPLAINANT & INJURED:

¶13

1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

¶14

2. SUVEESH,

¶15

AGED 30 YEARS, S/O VISWAMBARAN, PEDIKAPARAMBIL HOUSE, NEAR KAJACOMPANY, EDAKAZHIYOOR, MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT.680615

¶16

3. SREJITH @ SIJU

¶17

AGED 30 YEARS, S/O SWAMINATHAN, PEDIKAPARABIL HOUSE, NEAR KAJACOMPANY, EDAKAZHIYOOR, MANATHALA VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT. 680615.

¶18

R1 BY PUBLIC PROSECUTOR SRI T.R.RENJITH R2,R3 BY ADV. SRI.V.V.JOY

¶19

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22-06-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶20

K.V.

¶21

Crl.MC.No. 3704 of 2017 ()

¶22

APPENDIX

¶23

PETITIONER(S)' ANNEXURES

¶24

ANNEXURE A TRUE COPY OF THE FINAL REPORT FILED BY THE CHAVAKKAD POLICE BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKAD. ANNEXURE B TRUE COPY OF THE JUDGMENT DTD. 15.3.2017 IN SC NO. 83/2010 OF THE IVTH ADDITIONAL SESSIONS JUDGE, THRISSUR. ANNEXURE C TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 2ND RESPONDENT. ANNEXURE D TRUE COPY OF THE AFFIDAVIT SWORN TO BY THE 3RD RESPONDENT. RESPONDENT(S)' ANNEXURES NIL

/TRUE COPY/

P.S.TO JUDGE

K.V.

K. ABRAHAM MATHEW, J.

¶29

Crl.M.C. No. 3704 of 2017

¶30

Dated this the 22^nd day of June, 2017

¶31

O R D E R

¶32

Petition filed under Section 482 Cr.P.C.

¶33

2.Petitioner was the 3^rd accused in SC No.83/2010 on the file of the IVth Additional Sessions Judge, Thrissur. He along with the co-accused allegedly committed the offences under Sections 143, 147, 148, 323, 324 and 307 r/w Section 149 of the Indian Penal Code. As the petitioner was absconding, he was not tried. The trial of the other accused ended in acquittal under Section 232 Cr.P.C. Now, the petitioner has surrendered before the court below and he has been released on bail. It is submitted that the matter has been settled between him and respondents 2 & 3, who are the victims in this case. The prayer is in this Crl.M.C. is to quash the proceedings as against the petitioner.

¶34

3.Heard the learned counsel for the petitioner, the

¶35

..2..

¶36

Crl.M.C. No. 3704 of 2017

¶37

learned counsel for respondents 2 & 3 and the learned Public Prosecutor.

¶38

4.Respondents 2 & 3 have entered appearance through counsel and filed affidavits, stating that the matter has been settled and they have no objection to the prayer in this Crl.M.C. being granted. I am satisfied that the allegation of settlement is true and no public interest is involved in this case.

¶39

5.In the result, this Crl.M.C. is allowed. The proceedings in SC No.83/2010 on the file of the IVth Additional Sessions Judge, Thrissur are quashed. If any material object has been produced in the case, the learned Magistrate may pass appropriate orders for its disposal.

¶40

Sd/- K. ABRAHAM MATHEW JUDGE

¶41

bka/-

Ratheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ratheesh v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sameer Pasha Vs District Police Chief

Krishnan Vs State of Kerala

Nazar K.T. Vs Station House Officer

Abu Cheriyil Vs State of Kerala

Baskaran @ Bhasi Vs Jayapradeep K.O.

Vimal Raju Vs the State of Kerala