Sri.T.M.Najeeb v. The Station House Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 Crl.MC.No. 1567 of 2015 () --------------------------- CC.NO. 744/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR ---------------- PETITIONER/ACCUSED :
------------------------------------ SRI.T.M.NAJEEB, AGED 53 YEARS, S/O. MAMMA, THUNDATHIL MADAVANA, PANANGAD P.O., ERNAKULAM - 682506.
BY ADVS.SRI.NOBLE MATHEW SRI.JUSTIN MATHEW RESPONDENTS/ COMPLAINANT AND STATE :
------------------------------------------------------------------
1. THE STATION HOUSE OFFICER TOWN EAST POLICE STATION, THRISSUR
2. STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
3. S. JAYAKUMAR, ASSISTANT SECRETARY, THRISSUR CORPORATION, THRISSUR.
R1 & R2 BY PUBLIC PROSECUTOR SMT. P. MAYA R3 BY ADVS. SRI.K.P.VIJAYAN SRI.V.N.HARIDAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
Crl.MC.No. 1567 of 2015 () ------------------------------------- APPENDIX PETITIONERS' ANNEXURES :
------------------------------------------- ANNEXURE A1:
PHOTOSTAT COPY OF THE FIRST INFORMATION REPORT FILED BEFORE THE JUCIDIAL FIRST CLASS MAGISTRATE COURT-I, THRISSUR UPON THE FIRST INFORMATION STATEMENT GIVEN BY MR.S. JAYAKUMAR, ASSISTANT SECRETARY, CORPORATION OF THRISSUR, THE 3RD RESPONDENT.
ANNEXURE A2:
CERTIFIED COPY OF THE FINAL REPORT/ CHARGE SHEET FILED BY THE FIRST RESPONDENT UNDER SECTION 173(2) OF THE CODE OF CRIMINAL PROCEDURE.
ANNECURE A3:
PHOTOSTAT COPY OF THE COMPLAINT FILED BY MR. S. JAYAKUMAR, ASSISTANT SECRETARY, ELECTRICITY WING, THRISSUR CORPORATION, RESPONDENT NO.3.
ANNEXURE A4:
PHTOTOSTAT COPY OF THE CERTIFICATE OF DRUNKENNESS ISSUED BY THE MEDICAL OFFICER ON 8.1.2014 AT 12.45 PM. RESPONDENT(S)' ANNEXURES : NIL ------------------------------------------------------------ //TRUE COPY// P.S. TO JUDGE Mn
B. KEMAL PASHA, J.
................................................................ Crl.M.C. No. 1567 of 2015 ............................................................... Dated this the 14th day of December, 2015
O R D E R
Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the 3rd respondent.
2.
The petitioner is the accused in Crime No.128/2014 of the Thrissur Town East Police Station registered for the offences punishable under Sections 511 of Section 287 IPC and Section 118(e) of the Kerala Police Act. The petitioner is a habitual drunkard. Unfortunately, he is working under the 3rd respondent as a lineman, who has to deal with dangerous works, which affects not only his safety but also the safety of the public at large. He remained as a mute spectator under the influence of liquor beneath the
Crl.M.C. 1567 of 2015 -: 2 :- transformer. He was placed under suspension pending enquiry by the 3rd respondent and the disciplinary proceedings are going on.
3.
According to the petitioner, there are no allegations to invite the offence alleged against him. It seems that the allegations may not constitute an offence under Section 511 of Section 287 IPC. At the same time, presently it cannot be said that the allegations will not constitute an offence under Section 118(e) of the Kerala Police Act, if proved. It is for the prosecution to prove it. With the said observations, this Crl.M.C. is dismissed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge