Partly allowed

Mohanan T. K, v. State of Kerala

Kerala HC3 Jun 2019Crl.MC/618/2019

Case brief

AI extract

What is this about?

Petitioner approached the High Court alleging he was mistaken for the accused in a pending criminal case. The court found a good case on merits but directed the petitioner to approach the trial court immediately to substantiate his identity with documents. The coercive proceedings against the petitioner were suspended for three weeks pending the Magistrate's decision.

What did the court decide?

Coercive proceedings against the petitioner kept in abeyance for three weeks; directed to approach the Magistrate forthwith to substantiate identity with documents.

Mohanan T. K, Vs State of Kerala — Bail and Remand | Kerala HC (2019)

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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 RAJA VIJAYARAGHAVAN V

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MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941

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Crl.MC.No. 618 of 2019

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L.P.No.31/1992 IN CC 340/1990 of JUDICIAL MAGISTRATE OF FIRST CLASS, PALA

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CRIME NO. 87/1990 OF RAMAPURAM POLICE STATION, KOTTAYAM

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PETITIONER:

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MOHANAN T.K., AGED 55 YEARS, S/O KRISHNANKUTTY, PATHALIL HOUSE, NAARANAMMOOZHI, CHATHANTHARA P.O., KOLLAMULA VILLAGE, RANNY THALUK, PATHANAMTHITTA DISTRICT. PIN - 686 510.

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BY ADVS. SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SRI.VIVEK VARGHESE P.J.

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RESPONDENTS:

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1 STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

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2 STATION HOUSE OFFICER OF POLICE, RAMAPURAM POLICE STATION, KOTTAYAM DISTRICT. 686 576.

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SRI. AJITH MURALI PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 618 of 2019

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ORDER

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When the police officers attached to the Ramapuram Police Station made attempts to arrest the petitioner in connection with L.P.No.31/1992 in C.C.No.340/1990 of the Judicial First Class Magistrate Court, Palai, which arose from Crime No.87/1990 of the Ramapuram Police Station, the petitioner has approached this Court.

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The specific case of the petitioner on the basis of documents which are made available is that he is not the accused in the aforesaid crime and it is on a mistaken premise that the police are chasing him. He has produced copies of his Aadhaar card, Electoral ID card, Ration card, community certificate, relevant page of the Scheduled Tribe Development card and copies of the Ration card, Aadhar card, Identity card etc. of his father and it is contended that the accused in L.P No.31/1992 is a different person. He would contend that the original accused was enlarged on bail by the learned Magistrate and the details would show that the original accused is one Mohanan, S/o.Madhavan, residing at Pathalil House, Ramapuram, whereas the petitioner is Mohanan.T.K., S/o. Krishnankutty and he is permanently residing at a place about 100 kms. away. The report of the Station House Officer, Ramapuram Police Station also substantiate

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Crl.MC.No. 618 of 2019

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the case of the petitioner.

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Having gone through the records, I am of the view that the

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petitioner has got a good case on merits. However, as the criminal proceeding is pending before the learned Magistrate, I direct the petitioner to approach the learned Magistrate forthwith and produce documents to substantiate his contentions.

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The coercive proceedings which have been issued as against the petitioner herein will be kept in abeyance for a period of three weeks.

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This petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V., JUDGE

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IAP

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Crl.MC.No. 618 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE	1	TRUE COPY OF THE AADHAR CARD NO.8854 6243 5967 OF THE PETITIONER.
ANNEXURE	2	TRUE COPY OF THE ELECTORAL ID CARD NO KL/14/111/129427 OF THE PETITIONER.
ANNEXURE	3	TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD NO 1315047824 OF THE PETITIONERS FAMILY.
ANNEXURE	4	TRUE COY OF THE RELEVANT PAGES OF THE FORMER RATION CARD NO 52150 OF THE PETITIONER.
ANNEXURE	5	TRUE COPY OF THE COMMUNITY CERTIFICATE OF THE PETITIONER NO 36274879 DATED 30/10/2018.
ANNEXURE	6	TRUE COPY OF THE RELEVANT PAGES OF THE SCHEDULED TRIBE DEVELOPMENT CARD ISSUED BY THE SC/ST DEPARTMENT OF THE STATE OF KERALA TO THE FAMILY OF THE PETITIONER ISSUED ON 02/04/1986.
ANNEXURE	7	TRUE COPY OF THE RELEVANT PAGES OF THE CHARGE SHEET IN CRIME NO 87/1990 OF RAMAPURAM POLICE STATION.
ANNEXURE	8	TRUE COPY OF THE EXTRACT OF ADMISSION REGISTER ISSUED BY THE HEADMISTRESS OF GOVERNMENT HSS VECHOOCHIRA
ANNEXURE	9	TRUE COPY OF THE RATION CARD NO.1315047922 ISSUED IN THE NAME OF PETITIONER'S MOTHER SMT.PODIPENNU.
ANNEXURE	10	TRUE COPY OF ADHAR CARD NO.7619 7745 8428 OF PETITIONER'S FATHER MR.KRISHNANKUTTY.
ANNEXURE	11	TRUE COPY OF IDENTITY CARD NO.KL/14/111/129216 OF PETITIONER'S FATHER MR.KRISHNANKUTTY ISSUED BY ELECTION COMMISSION OF INDIA.

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Crl.MC.No. 618 of 2019

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ANNEXURE 12 TRUE COPY OF THE TITLE FOR FOREST LAND UNDER OCCUPATION ISSUED BY TRIBAL WELFARE OFFICER TO THE PETITIONER.

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ANNEXURE 13 TRUE COPY OF THE EXTRACT OF RECORD OF RIGHTS NO.ROR K.23/97KLA ISSUED BY THE SUB COLLECTOR, THIRUVALLA IN FAVOUR OF PETITIONER'S FATHER MR.KRISHNANKUTTY. ANNEXURE 14 TRUE COPY OF THE OLD RATION CARD ISSUED IN THE NAME OF PETITIONER DT.10/06/90

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RESPONDENTS'EXHIBITS NIL

Mohanan T. K, v. State of Kerala

Case brief

What is this about?

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Mohanan T. K, v. State of Kerala

Case brief

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