Disposed

Ajesh T.K v. State of Kerala

Kerala HC16 Dec 2022WP(Crl.)/523/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a criminal writ petition filed by an accused challenging alleged inaction regarding seizure and forensic analysis of CCTV footage from a BEVCO outlet, upon confirmation that the hard disk had already been forwarded to the Forensic Science Laboratory.

What did the court decide?

The writ petition is disposed of with a direction to the investigating officer to complete the investigation upon receipt of the Forensic Science Laboratory report and file the final report without de

Ajesh T.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 DR. JUSTICE KAUSER EDAPPAGATH

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FRIDAY, THE 16^TH DAY OF DECEMBER 2022 / 25TH AGRAHAYANA, 1944 WP(CRL.) NO. 523 OF 2022

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PETITIONER:

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AJESH T.K AGED 38 YEARS THOTTIPARAMBIL HOUSE, VENGALLLOOR P.O., THODUPUZHA, IDUKKI, PIN - 685585

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BY ADVS.M.B.SANDEEP K.P.SREEJA AMAL STANLY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, TRIVANDRUM-695001

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2 DY.SP. THODUPUZHA POLICE STATION PUBLIC PROSECUTOR, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 3 KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. (BEVCO),HAVING HIS OFFICE AT, BEVCO TOWER, VIKASBHVAN, PALAYAM P.O.THIRUVANANTHAPURAM PIN - 695033

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W.P.(Crl).No.523/2022

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4 KERALA STATE BEVERAGES (MANUFACTURING AND MARKETING) CORPORATION LTD. (BEVCO) CHUNGAM OUTLET, CHUNGAM P.O., THODUPUZHA, PIN – 685608 REPRESENTED BY ITS MANAGER *ADDL.R5 MANJU, AGED 42 YEARS, W/O KUNJUMON, RESIDING AT PUTHENPURAKKEL VEETTIL HOUSE, SHANKARAPPILLI DESOM,MUTTOM KARA, MUTTOM P O., IDUKKI -685587.

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*ADDITIONAL R5 IMPLEADED AS PER ORDER DATED 02/09/2022 IN IA NO.1/2022 IN WP(CRL)523/2022

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BY ADV SRI.NAVEEN.T., SC, KERALA STATE BEVCO.SMT. T.V. NEEMA, SR. PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 16.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl).No.523/2022

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J U D G M E N T

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Dated this the 16^th day of December, 2022

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The petitioner is the accused in Crime No.296/2022 of Thodupuzha Police Station registered under Sections 294(b), 323, 354A(1)(ii) and 427 of IPC read with Sections 3(1)(r), 3(1) (w)(i)(ii) and 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Additional 5^th respondent is the defacto complainant.

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Even though notice has been served on the additional 5^th respondent, there is no appearance.

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The prosecution case in short is that on 11.2.2022 at 5 pm, in front of the beverages outlet, Chungam at Kolani in Thodupuzha, the petitioner forcefully caught hold of the hand of the additional 5^th respondent and uttered obscene words against her. It is further alleged that, thereafter, the petitioner pressed her right breast and thereby outraged her modesty.

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According to the petitioner, he is innocent of the

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W.P.(Crl).No.523/2022

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allegations levelled against him. He stated that a CCTV is installed at the BEVCO outlet and if the footage in the said CCTV is perused, the innocence of the petitioner could be revealed. Hence, the wife of the petitioner has lodged Ext.P1 complaint before the District Police Chief on 16.2.2022 to verify the CCTV footage. However, according to the petitioner, the police did not take any action on Ext.P1. It is in these circumstances that he has approached this Court.

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Heard both sides

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The reliefs sought in the writ petition are as follows:

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“(i) To issue a writ of mandamus or any other appropriate writ directing the 3^rd respondent to remove the hard disk containing the CCTV footage of the 4^th respondent BEVCO outlet at Chungam, Thodupuzha dated 11.2.2022 and hand over it to the 2^nd respondent to keep it in the safe custody till the trial in Crime No.296/2022 of Thodupuzha Police Station, Idukki District is over.

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(ii) To direct the 2^nd respondent herein to forward the hard disk containing the CCTV footage dated 11.2.2022 to the Forensic Science Laboratory of retrieving the visuals in the event of loosing the footage from the hard disk due to the

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W.P.(Crl).No.523/2022

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delay in preserving the footage dated 11.2.2022.”

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On 5.7.2022, this Court passed an order to report

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whether the CCTV installed at the beverages outlet has been seized or not. The learned Senior Public Prosecutor Smt. T.V. Neema submitted that the 2^nd respondent has seized the hard disk containing the CCTV footage and has already been forwarded to the Forensic Science Laboratory for scientific examination.

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Hence, this writ petition is disposed of, with a direction to the investigating officer to complete the investigation after receiving the report from the Forensic Science Laboratory and file the final report without delay.

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Sd/-

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DR. KAUSER EDAPPAGATH

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JUDGE

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W.P.(Crl).No.523/2022

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APPENDIX OF WP(CRL.) 523/2022

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PETITIONER EXHIBITS

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Exhibit p1 TRUE COPY OF THE WRITTEN COMPLAINANT DATED 16.02.2022 ADDRESSED TO DISTRICT POLICE CHIEF IDUKKI

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Exhibit P2 TRUE COPY OF THE POSTAL RECEIPT DATED 16.02.2022 Exhibit P3 TRUE COPY OF THE PRINTOUT OF THE E-MAIL COMPONENTS DATED 16.02.2022 Exhibit P4 TRUE COPY OF THE ORDER DATED 19.03.2022 IN CRL. M.C. NO. 154/2022 ON THE FILES OF THE HONOURABLE SESSIONS JUDGE/SPECIAL JUDGE FOR THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, THODUPUZHA

Ajesh T.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Ajesh T.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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