Winston Xavier @ Rony v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 18TH DAY OF NOVEMBER 2015/27TH KARTHIKA, 1937 Crl.MC.No. 336 of 2015 () -------------------------- CRIME NO. 332/2014 OF KOTTIYAM POLICE STATION , KOLLAM PETITIONER(S)/2ND ACCUSED:
-------------------------------------------------- WINSTON XAVIER @ RONY, AGED 36 YEARS S/O.VARUGHESE XAVIER, MARGRET SADANAM KALKUTHIL PULLICHIRA P.O., KOLLAM DISTRICT.
BY ADVS.SRI.BINU GEORGE SMT.HEMALATHA RESPONDENT(S)/STATE :
-------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 336 of 2015 () -------------------------- APPENDIX PETITIONER(S)' ANNEXURES :
---------------------------- ANNEXURE-I. CERTIFIED COPY OF FIR NO.332/2014 DATED 24/2/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-II. TRUE COPY OF INQUEST REPORT IN CRIME NO.332/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-III. TRUE COPY OF THE REMAND APPLICATION IN CRIME NO.332/2014 OF KOTTIYAM POLICE STATION.
ANNEXURE-IV. CERTIFIED COPY OF FINAL REPORT IN CRIME NO.332/2014 DATED 24.02.2014 OF KOTTIYAM POLICE STATION.
RESPONDENT(S)' ANNEXURES :
NIL ------------------------ //TRUE COPY// P.A. TO JUDGE.
STU
B.KEMAL PASHA, J.
================ Crl.M.C. No. 336 of 2015 ======================= Dated this the 18th day of November, 2015
O R D E R
The petitioner is the 2nd accused in Crime No.332/2014 of the Kottiyam Police Station, Kollam District, which is presently pending as C.P.No.148/2015 before the Judicial First Class Magistrate's Court-II, Kollam, for the offence punishable under Section 306 read with Section 34 IPC.
2. It is a case, in which the wife of the 1st accused has committed suicide. According to the petitioner, there is no specific allegation against the petitioner in the final report. It seems that the petitioner is roped in the offence with the aid of Section 34 IPC. This Court is not presently going into the merits of the contentions forwarded by the petitioner as a probing enquiry is not called for at this stage. At present, this Court cannot go into the intrinsic particulars of the evidence collected by
Crl.M.C. No. 336 of 2015 the Investigating Officer and weigh the evidence.
3. At the same time, the petitioner can bring these aspects to the notice of the concerned Sessions Court on committal, at the stage of Section 227 Cr.P.C. In such case, the concerned Sessions Court, dealing with the matter, shall consider the said aspects and dispose of the matter in accordance with law.
With the said liberty to the petitioner, this Crl.M.C is closed.
Sd/- B.KEMAL PASHA, JUDGE stu