Partly allowed

Preejith.K.P v. State of Kerala

Kerala HC24 May 2019Crl.MC/962/2018

Case brief

AI extract

What is this about?

The petitioner filed two Criminal Miscellaneous cases regarding the unnatural death of his wife. The Court held that one petition was infructuous and dismissed it. Regarding the other, where proceedings were already committed to the Sessions Court, the Court directed the Sessions Court to frame charges and conclude the trial expeditiously within 4-5 months.

What did the court decide?

Petition 962/2018 dismissed as infructuous. Petition 1674/2018 allowed in part directing Sessions Court to frame charges and conclude trial within 4-5 months.

Preejith.K.P Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

¶5

CRL.MC.NO. 962 OF 2018

¶6

CRIME NO. 26/2018 OF KAKKUR POLICE STATION, KOZHIKODE

¶7

PETITIONER:

¶8

PREEJITH K.P., 30 YEARS, S/O.GOKULDAS,ELECTRONIC TECHNICIAN, HAILING FROM KUTTIPURATH HOUSE,MARAKKATNILAM, P.O.ERNJIKKAL, MOKAVOOR, KOZHIKODE,PIN: 673 303.

¶9

BY ADVS. SRI.MANJERI SUNDERRAJ SRI.A.SANOOJ SRI. BIJU JOSEPH KURIACHAN

¶10

RESPONDENTS:

¶11

1 STATE OF KERALA REP. BY SHO, KAKOORPOLICE STATION, KAKKUR P.O.,KOZHIKODE.

¶12

2 THE TAHSILDAR, KOZHIKODE, EXECUTIVE MAGISTRATE, THALUK OFFICE, KOZHIKODE, PIN: 673 320.

¶13

SRI.AMJAD ALI, PUBLIC PROSECUTOR

¶14

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.05.2019, ALONG WITH CRL.MC.NO.1674/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶15

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶16

PRESENT

¶17

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶18

FRIDAY, THE 24TH DAY OF MAY 2019 / 3RD JYAISHTA, 1941

¶19

CRL.MC.NO. 1674 OF 2018

¶20

CRIME NO. 26/2018 OF KAKKUR POLICE STATION , KOZHIKODE

¶21

PETITIONER:

¶22

K.P.PREEJITH, 30 YEARS, S/O. GOKULDAS, ELECTRONIC TECHNICIAN, HAILING FROM, KUTTIPURATH HOUSE, MARAKKAT NILAM, PO ERANJIKKAL, MOKAVOOR, KOZHIKODE PIN- 673 303. NOW CARE OF HIS LAWYER, ADV.BIJU JOSEPH KURIACHAN, M/S. MANJERI ASSOCIATES, ANNIE HALL, CALICUT, PIN- 673 002.

¶23

BY ADVS.

¶24

SRI.MANJERI SUNDERRAJ, SRI.A.SANOOJ

¶25

RESPONDENTS:

¶26

1 THE STATE OF KERALA

¶27

REP.BY SHO, KAKKOOR POLICE STATION, KAKKUR PO., KOZHIKODE PIN- 673 613

¶28

2 THE DY.S.P. OF POLICE, THAMARASSERI, KOZHIKODE, THAMARACHERY PIN- 673 573

¶29

3 CHANDRAN K., AGED 63/18, S/O.LATE KORAN, CHAITHANYA HOUSE, KUTTIPURATH HOUSE, CHELANNUR SO, KOZHIKODE, PIN- 673 616.

¶30

SRI.AMJAD ALI, PUBLIC PROSECUTOR SMT.M.MANJU, SRI.R.SUDHISH

¶31

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 24.05.2019, ALONG WITH CRL.MC.NO.962/2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶32

ALEXANDER THOMAS, J.

¶33

Crl.M.C. Nos. 962 & 1674 of 2018

¶34

Dated this the 24^th day of May, 2019

¶35

O R D E R

¶36

As both the above Criminal Miscellaneous Cases has

¶37

been filed by the same accused in the very same crime, these matters are disposed on the basis of a common order.

¶38

Crl.M.C. No. 962 / 2018

¶39

The prayer in the above Crl.M.C. No.962/2018 is as

¶40

follows:

¶41

“The Honourable High Court may be pleased to PASS ORDER

¶42

1) Directing the 1^st and 2^nd respondents to ensure that any inquiry mandated under Section 176 CRPC in the matter of the unnatural death of petitioners wife ANUSHA be conducted within a time frame.

¶43

2) Granting such other or further orders as this Honourable Court deems fit in all the circumstances of the case.”

¶44

Sri.Manjeri S.Sunder Raj, learned counsel appearing

¶45

for the petitioner would submit on the basis of instructions of his party that, in view of the subsequent developments in the case, the main prayer in this Crl.M.C. has become infructuous, and the matter may be closed accordingly without prejudice to the contentions of the petitioner. Recording the abovesaid submission of the petitioner, it is ordered that the above Crl.M.C. is dismissed as infructuous.

¶46

Crl.M.C. Nos. 962 & 1674 of 2018

¶47

..4..

¶48

Crl.M.C. No. 1674 / 2018

¶49

The prayer in the above Crl.M.C. No. 1674/2018 is as

¶50

follows:

¶51

“The Honorable High Court may be pleased to PASS ORDER

¶52

1) QUASHING all proceedings pursuant to Crime FIR No.26 of 2018 of the Kozhikode Kakkoor Police Station against the petitioner as accused for offences u/s 406, 306, 304B IPC in the matter of unnatural death of petitioner's wife Anusha 24 years by hanging at her house on 23/01/2018 at Ambalathu kulangara, Chelannur, Kozhikode; and

¶53

2) Granting such other or further ancillary or auxiliary relief orders as this Honorable Court deems fit in all the circumstances of the case.”

¶54

Sri.Manjeri S.Sunder Raj, learned counsel appearing

¶55

for the petitioner would submit on the basis of instructions of his party that in view of the subsequent developments, the prayer for quashment of the crime proceedings is not pressed as the case, after due investigation and filing of final report/charge sheet, has already been duly committed to the Sessions Court concerned which has now been numbered as Sessions Case S.C.No.942/2018. As the Sessions Court concerned (Court of the III Additional Sessions Judge for Marad Cases, Kozhikode), has not so far framed the charges, presumably in view of the pendency of this petition before this Court, it may be ordered that the said Sessions Court may proceed with the matter by framing of charges, and then make expeditious conduct and conclusion of sessions trial without much delay.

¶56

Crl.M.C. Nos. 962 & 1674 of 2018

¶57

..5..

¶58

Taking note of the abovesaid facts and circumstances, it is ordered that it is for the Sessions Court concerned to ensure that further necessary steps are taken including that for framing of charges, in case the charges have not yet been framed, without much delay and then proceed with the sessions trial of the case so as to conclude the same expeditiously, preferably within a period of 4 to 5 months from the date of production of a certified copy of this order.

¶59

Keeping in mind the fact that the petitioner has been remanded in judicial custody. Registry will forward a copy of this order to the Sessions Court concerned for necessary information and further action. The petitioner and the office of the Advocate General will also forward copy of this order to the Investigating Officer concerned, as well as the Prosecutor concerned for necessary information.

¶60

With these observations and directions, the above Criminal Miscellaneous Cases will stand disposed of.

¶61

Sd/-

¶62

ALEXANDER THOMAS, JUDGE

¶63

MMG

¶64

Crl.M.C. Nos. 962 & 1674 of 2018

¶65

..6..

¶66

APPENDIX OF Crl.MC 962/2018

¶67

PETITIONER'S/S EXHIBITS:

¶68

ANNEXURE I TRUE COPY OF COMPUTER PRINTOUT OF NEWSPAPER REPORTS FROM MALAYALA MANORAMA AND MATHRUBHUMI DATED 25/01/2018 REG. SUICIDE ON 23/01/2018 BY PETITIONER'S WIFE ANUSHA (2 PAGES)

¶69

ANNEXURE 2 TRUE COPY OF RECEIPT DATED 30/03/16 WITH PETITIONER'S COMPLAINT DATED 30/3/2016 AGAINST ELATHOOR POLICE SUBMITTED TO DIST. POLICE CHIEF REFERRED TO AC (ADNMN). PETITIONER'S COMPLAINT DATED 3003/2016 AGAINST ELATHOOR POLICE SUBMITTED TO DIST. POLICE CHIEF REFERRED TO AC (ADNMN).

¶70

ANNEXURE 3 TRUE COPY OF RECEIPT DATED 16/4/2016 WITH PETITIONER'S COMPLAINT DATED 15/4/2016 AGAINST ELATHOOR POLICE SUBMITTED TO DIST. POLICE CHIEF REFERRED TO AC (ADNMN)

¶71

ANNEXURE 4 TRUE COPY OF PROTEST COMPLAINT BY PETITIONER'S WIFE ANUSHA (DIED ON 23/1/2018) DATED 03/01/2017 TO JFCM COURT, KOYILANDY IN RC 93/16 FROM ELATHOOR CRIME FIR NO.545/2015

¶72

ANNEXURE 5 TRUE COPY OF DEPOSITION OF PETITIONER'S WIFE ANUSHA GIVEN ON 19/5/2017 RECORDED BY JFCM COURT, IV, KOZHIKODE IN CMP 1246/2017 PROTEST COMPLAINT AGAINST NADAKAVU CRIME FIR NO.1065/2016

¶73

Crl.M.C. Nos. 962 & 1674 of 2018

¶74

..7..

¶75

ANNEXURE 6 TRUE COPY OF COMPLAINT CMP NO.54/2018 BY PETITIONER'S WIFE ANUSHA (DIED ON 23/01/2018) IN THE COURT OF JFCM IV, KOZHIKODE AGAINST G.GOPAKUMAR SUB INSPECTOR OF POLICE, IN KERALA POLICE SERVICE FOR OFFENCES U/S.499, 500, 501, 509 IPC AND SEC.67 OF IT ACT FOR DEFAMATION AND OUTRANGE OF MODESTY THROUGH ACCUSED'S OFFICIAL WHATAPP MESSAGING

¶76

ANNEXURE 7 TRUE COPY OF PETITIONER'S LETTER DATED 23/8/2017 OF PETITIONER ATTACKED ON 23/6/2017 ENROUTE TO HOME BY KNOWN ASSAILANTS, SREEJITH AND OTHERS INTIMATED TO NADAKKVU POLICE BUT NOT SO FAR CASE REGISTERED

¶77

ANNEXURE 8 TRUE COPY OF PETITIONER'S LETTER DATED 29/10/2017 TO MR.RAMACHANDRAN, SI OF POLICE ELATHOOR POLICE INVESTIGATING INTO THE CASE OF ATTACK ON THE PETITIONER ON 23/6/2017 (12 PAGES)

¶78

ANNEXURE9 TRUE COPY OF PETITIONER'S STATEMENT DATED 24/1/2018 SUBMITTED TO THE TAHSILDAR-EXECUTIVE MAGISTRATE KOZHIKODE FOR INQUIRY U/S 174 CRPC IN THE MATTER OF UNNATURAL DEATH OF HIS WIFE ANUSHA.

¶79

Crl.M.C. Nos. 962 & 1674 of 2018

¶80

..8..

¶81

APPENDIX OF Crl.MC 1674/2018

¶82

PETITIONER'S EXHIBITS:

¶83

ANNEXURE 1 TRUE COPY OF COMPUTER PRINTOUT OF NEWSPAPER REPORTS FROM MALAYALA MANORAMA AND MATHRUBHUMI DATED 25.01.2018 REG.SUICIDE ON 23.01.2018 BY PETITOIENR'S WIFE ANUSHA (2 PAGES)

¶84

ANNEXURE 2 TRUE COPY OF CRIME FIR NO.26 OF 2018 DATED 23.1.2018 OF THE KAKKOOR POLICE STATION, KOZHIKODE U/S. 174 CRPC IN THE MATTER OF UNNATURAL DEATH OF ANUSHA WIFE OF THE PETITIONER BY HANDING ON 23.01.2018 AT HER HOUSE.

¶85

ANNEXURE A3 TRUE COPY OF FIS DATED 23.01.2018 BY R3 ABOVE CHANDRAN K, UNCLE OF DECEASED

¶86

ANNEXURE A4 TRUE COPY OF THE INQUEST REPORT DATED 24.01.2018 BY TAHSILDAR/EXECUTIVE MAGISTRATE KOZHIKODE

¶87

ANNEXURE A5 TRUE COPY OF OBSERVATION MAHAZAR DATED 02.02.2018 BY R2 DY.SP OF POLICE THAMARASSERI, INVESIGATING OFFICER IN CR.26/2018.

¶88

ANNEXURE 6 TRUE COPY OF PETITIONER'S STATEMENT DATED 24.01.2018 SUBMITTED TO THE TAHSILDAR EXECUTIVE MAGISTRATE KOZHIKODE FOR INQUIRY U/S. 176 CRPC IN THE MATTER OF UNNATURAL DEATH OF HIS WIFE ANUSHA

¶89

ANNEXURE 7 TRUE COPY OF PROTEST COMPLAINT BY PETITIONER'S WIFE ANUSHA (DIED ON 23.01.2018) DATED 03.01.2017 TO JFCM COURT, KOYILANDI IN RC 93/2016 FROM ELATHOOR CRIME FIR NO.545/2015.

¶90

Crl.M.C. Nos. 962 & 1674 of 2018

¶91

..9..

¶92

ANNEXURE 8 TRUE COPY OF DEPOSITION OF PETITIONER'S WIFE ANUSHA GIVEN ON 09.05.2017 RECORDED BY JFCM COURT, IV, KOZHIKODE IN CMP 1246/2017 PROTEST COMPLAINT AGAINST NADAKAVU CRIME FIR NO.1065/2016. ANNEXURE 9 TRUE COPY OF COMPLAINT CMP NO.54/2018 BY PETITIONER'S WIFE ANUHSA(DIED ON 23.01.2018) IN THE COURT OF JFCM IV, KOZHIKODE AGAINST G GOPAKUMAR SUB INSPECTOR OF POLICE, IN KERALA POLICE SERVICE, FOR OFFENCES U/S. 499,500,501 509 IPC AND SEC. 67 OF IT ACT FOR DEFAMATION AND OUTRAGE OF MODESTY THROUGH ACCUSED'S OFFICIAL WHATSPP MESSAGING. ANNEXURE 10 TRUE COPY OF WOUND CERTIFICATE DATED 23.06.2017 OF PETITIONER ATTACKED ON 23.06.2017 ENROUTE TO HOME BY KNOWN ASSAILANTS, SREEJITH AND OTHERS INTIMATED TO NADAKKAVU POLICE BUT NOT SO FAR CASE REGISTERED. ANNEXURE 11 TRUE COPY OF PETITIONER'S LETTER DATED 29.10.2017 TO MR.RAMACHANDRAN, SI OF POLICE ELATHOOR POLICE INVESTIGATING INTO THE CASE OF ATTACK ON THE PETITIONER ON 23.06.2017912 PAGES) ANNEXURE 12 TRUE COPY OF REPORT OF ALTERATION OF SECTIONS BY ASI, KAKKOOR PAS IN CR.26/2018. ANNEXURE 13 TRUE COMPUTER PHOTO SHOT OF SMS BY ANUSHA TO PETITIONER'S COUNSEL MAJERI S SUNDER RAJ SENT ON 23.01.2018 AT 9.45 AM. ANNEXURE 14 TRUE COMPUTER PHOTO SHOT OF 3 POST CARDS SENT BY PETITIONER'S COUNSEL TO SHO, KAKKOOR PS, AND ANNUSHA'S FATHER & MOTHER.

Preejith.K.P v. State of Kerala

Case brief

What is this about?

What did the court decide?

Preejith.K.P 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

Parties & counsel

Coram

Case details

Similar cases

Ananthapadmanabhan Vs State of Kerala

Haider Ali a., Vs State of Kerala

Kiran Joseph Vs State of Kerala

K.P.Preejith Vs the State of Kerala

Ajesh Kakkara, Vs the State of Kerala

Dr. Sreelekha.S Vs Sam Cleetus