Third accused in a 2003 Varkala crime sought quashing of his split-up trial after co-accused's 2010 acquittal. Noting prosecution had no material witnesses even then, the High Court quashed all proceedings in C.C.No.999/2010 and allowed the petition.
All proceedings in C.C.No.999/2010 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 BECHU KURIAN THOMAS
TUESDAY, THE 5TH DAY OF MARCH 2024 / 15TH PHALGUNA, 1945
CRL.MC NO. 743 OF 2024
CRIME NO.34/2003 OF VARKALA POLICE STATION, THIRUVANANTHAPURAM
IN CC NO.999 OF 2010 OF JUDICIAL MAGISTRATE OF FIRST
CLASS ,VARKALA
PETITIONER/ACCUSED NO.3:
SANAL KUMAR
AGED 49 YEARS
S/O BAHULEYAN,
RESIDING AT SL NIVAS,
PALAYAMKUNNU, KOVOOR DESOM,
CHAMMARUNNI VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN – 695146
BY ADVS.
J.R.PREM NAVAZ
SUMEEN S.
MUHAMMED SWADIQ
O.MOHAMED BASIL KOYA THANGAL
IRSHAD K.K.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682031
BY ADV.
M.C. ASHI, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.03.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.743 of 2024
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BECHU KURIAN THOMAS, J.
Crl.M.C.No.743 of 2024
Dated this the 5th day of March, 2024
ORDER
Petitioner is the third accused in Crime No.34/2003 of Varkala Police Station, Thiruvananthapuram District, which was initially taken cognizance as C.C.No.1225/2006 on the files of the Judicial First Class Magistrate Court-I, Varkala. Since, during the course of trial, petitioner absconded, the case against him was split up and renumbered as S.C.No.999/2010 on the files of the Judicial First Class Magistrate Court-I, Varkala, while trial against the remaining two accused proceeded. However, by judgment dated 19.10.2010, second accused in the said crime was acquitted, while the case against the first accused had abated. Petitioner seeks the benefit of acquittal of the co-accused.
Crl.M.C.No.743 of 2024
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second accused was acquitted. The said judgment was rendered in 2010 and till date, no appeal has been preferred. The incident is of the year 2003 and the offence alleged against the petitioner and other accused were under Sections 143, 147, 148, 451, 323 and 324 r/w Section 149 of the Indian Penal Code, 1860.
Criminal miscellaneous case is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE
Jka/05.03.24.
Crl.M.C.No.743 of 2024
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APPENDIX OF CRL.MC 743/2024
PETITIONER’S ANNEXURES
Annexure A1THE TRUE COPY OF THE FIR AND FINAL REPORT/
CHARGE SHEET IN CRIME NO: 34 OF 2003 OF
VARKALA POLICE STATION, THIRUVANANTHAPURAM
DISTRICT
Annexure A2THE TRUE COPY OF THE JUDGMENT DATED
19.10.2010 IN CC NO: 1225 OF 2006 PASSED
BY THE COURT OF JFCMC-I VARKALA
2 issues framed by the court
Whether prosecution against the petitioner should continue when the co-accused was acquitted for want of witnesses and no appeal followed.
Whether proceedings in the split-up case can be quashed given the erosion of the prosecution case.
7 provisions across 1 enactments
SANAL KUMAR
STATE OF KERALA
BECHU KURIAN THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court