Disposed

Raju P.K. v. State of Kerala

Kerala HC16 Sept 2022OP(Crl.)/67/2022

Case brief

AI extract

What is this about?

In an original criminal petition under Article 226, the brother of a murder victim sought directions to compel police authorities to locate and produce an absconding fugitive accused in a pending trial. The court directed the respondents to continue efforts to trace the accused and produce him before the court.

What did the court decide?

Direction to Respondents 2 to 5 to continue efforts to trace the 6th Respondent (accused) and produce him before the court as expeditiously as possible.

Raju P.K. Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A.

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FRIDAY, THE 16TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944
OP(CRL.) NO. 67 OF 2022

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SC 402/2021 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR

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CP 43/2005 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM

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CRIME NO.148/04 VADAKKEKKAD POLICE STATION,THRISSUR

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PETITIONER:

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RAJU P.K.
S/O (LATE) KUNJUMON, AGED 58 YEARS
PONOTH HOUSE ANDATHODU P.O.
PERIYAMBALAM THRISSUR DISTRICT PIN - 679 564.

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BY ADVS.
K.NANDINI
BINU BOSE
JOHNY K. JOHN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF HOME AFFAIRS, ROOM NO. 357 (A) & 358, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001.

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2 STATE POLICE CHIEF

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VAZHUTHACAUD THIRUVANANTHAPURAM - 695 010.

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3 SUPERINTENDENT OF POLICE (RURAL), THRISSUR, SAKTHAN THAMPURAN NAGAR P.O. NEAR EAST POLICE STATION, THRISSUR - 680 006.

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4 ASSISTANT COMMISSIONER OF POLICE

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GURUVAYUR P.O., THRISSUR DISTRICT, PIN - 680 101.

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5 STATION HOUSE OFFICER

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VADAKKEKAD POLICE STATION
ANDATHODE P.O. THRISSUR DISTRICT
PIN - 679 564.

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OP(CRL.) NO. 67 OF 2022

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2

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6NAZARULLA THANGAL
S/O POOKOYA THANGAL, BUCKARAYIL KEEZHPAT
CHERUKUNNEL HOUSE, PUTHIYANGADI,
KADAPPURAM VILLAGE, CHAVAKKAD,
THRISSUR DISTRICT - 680 506.

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BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
DIRECTOR GENERAL OF PROSECUTION(AG-10)
SHRI.SAJJU.S., SENIOR G.P.()
ADV SEENA C – P.P.

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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OP(CRL.) NO. 67 OF 2022

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JUDGMENT

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The petitioner who is the brother of one Periambalam

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Manikandan who was murdered on 12.06.2004 allegedly by S.D.P.I.

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activists, has approached this Court seeking the following reliefs:

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i) Direct the 2^nd respondent to 5^th respondent to proceed as per due process of law in arresting the 6^th respondent, the sole accused in SC.402/21 (LPR 6/21) pending before the IVth Additional District and Sessions Court, Thrissur;

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ii) Call for the records pertaining to SC 402/2021 (LPR 6/2021) on the file of IV Additional District and Sessions Court, Thrissur;

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iii) To grant such other and further reliefs which this Honourable Court deems fit in the interest of justice.”

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In respect of the murder of the said Manikandan,

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Vadakkekad Police registered crime No.148/2004 for the offence punishable under Section 120B, 506(ii), 302, 201 and 212 read with Section 34 of Indian Penal Code. Altogether there were 9 accused persons. After completing the investigation, the Police filed a final report and the trial of the said case was conducted before the IV Additional Sessions Court, Thrissur as S.C. No.1396/2008, wherein

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all the accused except the 2^nd accused participated and it resulted in Ext.P1 judgment. The case against the 2^nd accused who is the 6^th

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OP(CRL.) NO. 67 OF 2022

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respondent herein, has been split up since he absconded and the same now stands refiled as S.C. No.402/2021 before the IVth Additional Sessions Court, Thrissur. The grievance of the petitioner is that, the Police is not conducting proper action to trace out the 6^th respondent/2^nd accused to complete the trial against him. This original petition is submitted in such circumstances seeking the reliefs as mentioned above.

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3. Heard Smt.K. Nandini, learned counsel appearing for

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the petitioner and Smt.Seena C., learned Public Prosecutor for the State.

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The learned Public Prosecutor brought to my attention the statement submitted on behalf of the respondents. It is mentioned in the statement that the Police had constituted a Special Crime Squad, and all efforts are being taken to trace out the 6^th respondent. It is also assured that he shall be traced out very soon and will be produced before the Court.

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Today, when this original petition came up for consideration, the learned Public Prosecutor made available a copy

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OP(CRL.) NO. 67 OF 2022

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5

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of the lookout notice published by the Special Crime Squad in respect of the 6^th respondent/2^nd accused. It is submitted that the said lookout notice has been published in all the important newspapers in Ernakulam district and the search for the 2^nd accused is still in progress.

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Considering the facts and circumstances of the case, I deem it appropriate to dispose of this original petition directing the respondents 2 to 5 to continue the efforts to trace out the 6^th respondent and to produce him before the court as expeditiously as possible. It is further clarified that, in case of any lapses on the part of the respondents in tracing out the 6^th respondent, it shall be open for the petitioner to approach this Court again for appropriate relief.

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Sd/-

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ZIYAD RAHMAN A.A.
JUDGE

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scs

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OP(CRL.) NO. 67 OF 2022

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APPENDIX OF OP(CRL.) 67/2022

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE JUDGMENT DATED
12/3/2021 IN S.C.1396/2008 BY THE IVTH
ADDITIONAL SESSIONS JUDGE, THRISSUR.
Exhibit P2TRUE COPY OF REPRESENTATION DATED
13/4/2021 TO THE RESPONDENTS 1, 2, 4 &
5.
Exhibit P2(a)TRUE COPY OF RECEIPT ISSUED FROM THE
5TH RESPONDENT DATED 15/4/2021

Raju P.K. v. State of Kerala

Case brief

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Raju P.K. v. State of Kerala

Case brief

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