The High Court quashed criminal proceedings against the petitioner, who was previously absconding and acquitted alongside co-accused in a previous trial, after he surrendered and the trial court deemed further trial unnecessary.
Criminal proceedings in S.C. No.1011 of 2017 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 11TH DAY OF JULY 2018 / 20TH ASHADHA, 1940
Crl.MC.No. 2783 of 2018
CRIME NO. 546/2007 OF KILIKOLLOOR POLICE STATION , KOLLAM
PETITIONER/1ST ACCUSED
PRADEEN @ PODI AGED 34 YEARS, S/O.PRABHAKARAN, CHIRAYIL THODIYIL, MANGAD NAGAR D-1, MANGAD CHERRY, KOLLAM
BY ADVS.SRI.K.MOHANAKANNAN SMT.T.V.NEEMA
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682031
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 2783 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1 COPY OF THE FINAL REPORT DATED 15.02.2008 IN CRIME NO. 546/2007 OF KILLIKALOOR POLICE STATION
ANNEXURE A2 CERTIFIED COPY OF THE JUDGMENT IN SC 1080/2013 DTD 13.10.2017
RESPONDENTS EXHIBITS:
NIL
/TRUE COPY/
VPS PS TO JUDGE
K.ABRAHAM MATHEW J.
Crl.M.C. No. 2783 of 2018
Dated this the 11th day of July, 2018
ORDER
Petitioner was the 1 st accused in S.C. No.1080 of 2013 which was pending on the file of the I Additional Sessions Judge, Kollam. There were seven accused. They were charged with having committed the offences under Sections 143, 144, 147, 148, 323, 324, 326 and 452 r/w Section 149 IPC. As the petitioner was absconding only the others were tried. They were acquitted by Annexure-A2 judgment. The proceedings are sought to be quashed on the ground of acquittal of the co-accused.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Pursuant to the direction issued by this court the petitioner surrendered before the court below and his case is now pending as
-:2:-
Crl.M.C. 2783 /18
S.C. No.1011 of 2017. He has deposited the amount covered by the
bond executed by him when he was released on bail.
4. I have perused Annexure A2 judgment by which the coaccused were acquitted. I am satisfied that the trial of the petitioner will not serve any purpose. The proceedings against the petitioner are liable to be quashed.
In the result, this Crl.M.C. is allowed. The proceedings in S.C. No.1011 of 2017 on the file of the I Additional Sessions Judge, Kollam are quashed. If any material objects have been produced in this case, the trial court may pass appropriate orders for their
disposal.
Sd/-
K.ABRAHAM MATHEW, JUDGE
vps 12/7
/True Copy/
PS to Judge
1 issue framed by the court
Whether criminal proceedings against the petitioner should be quashed in light of the acquittal of his co-accused.
Pradeen @ Podi
State of Kerala
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
