Allowed

Vinod M.B v. State of Kerala

Kerala HC21 Dec 2018Crl.MC/215/2017

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a criminal Miscellaneous petition seeking to quash criminal proceedings pending against the petitioner. The court held that following the acquittal of co-accused, continuing the trial against the petitioner who was an absconder would not serve any purpose.

What did the court decide?

The criminal proceedings in C.C.No. 1310 of 2011 (original C.C.No. 552 of 2010 and L.P.No. 126 of 2011) are quashed.

Vinod M.B Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

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FRIDAY ,THE 21ST DAY OF DECEMBER 2018 / 30TH AGRAHAYANA, 1940

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Crl.MC.No. 215 of 2017

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AGAINST THE ORDER IN CC 552/2010 of J.M.F.C.,PALA

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PETITIONER:

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VINOD M.B AGED 34 YEARS S/O LATE K.N.BHASKARAN,NOW RESIDING AT KOONAMPALATHINKAL HOUSE,THURUTHIKARA,MULANTHURUTHY.P.O,ERNAKULAM DISTRICT.

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BY ADVS. SMT.SHOBA ANNAMMA EAPEN SRI.V.S.SREEJITH

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RESPONDENT:

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STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM,ON BEHALF OF SI OF POLICE PALA POLICE STATION,KOTTAYAM DISTRICT.

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PUBLIC PROSECUTOR SRI.ALEX.M.THOMBRA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 215 of 2017

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ORDER

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Petitioner was the first accused in C.C.No. 552 of 2010 on the file of the Judicial Magistrate of First Class, Pala. He and the co-accused allegedly committed the offences under Sections 143, 147, 148 and 332 read with section 149 IPC. As he was absconding only the others were tried. They were acquitted. The petitioner's case is now pending as C.C. No. 1310 of 2011 (L.P. No.126 of 2011). Pursuant to the direction issued by this court he has paid the amount covered by the bond executed by him when he was released on bail. The proceedings are

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sought to be quashed in the light of the acquittal of the co-accused.

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Heard the learned counsel for the petitioner

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and the learned Public Prosecutor.

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I have perused the judgment by which the co-accused were acquitted. I am satisfied that the trial of

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the petitioner will not serve any purpose.

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Crl.MC.No. 215 of 2017 3

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In the result, this Crl.M.C is allowed. The proceedings in C.C.No. 1310 of 2011 (original C.C.No. 552 of 2010 and L.P.No. 126 of 2011) are quashed.

Sd/-

K.ABRAHAM MATHEW

JUDGE

SVP

Crl.MC.No. 215 of 2017 4

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APPENDIX

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PETITIONER'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.39/2000 AND THE FI STATEMENT ANNEXURE A2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.39/2000.

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RESPONDENT'S EXHIBITS : NIL

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//TRUE COPY// Sd/PA TO JUDGE

Vinod M.B v. State of Kerala

Case brief

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Vinod M.B v. State of Kerala

Case brief

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