Suresh v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF DECEMBER 2015/24TH AGRAHAYANA, 1937 Crl.MC.No. 3145 of 2013 --------------------------- CRIME NO. 741/2012 OF SASTHAMCOTTA POLICE STATION, KOLLAM. ..........
PETITIONER/1ST ACCUSED:
---------------------------------------- SURESH, S/O.SUDHAKARAN,AGED 41 YEARS, PUTHUVAYALIL VEEDU, KIDAPPARA MURI, MANDROTHURUTHU VILLAGE, KOLLAM DISTRICT.
BY ADVS.SRI.K.SIJU SMT.CHITHRA.S.BABU RESPONDENTS/DE-FACTO COMPLAINANT & STATE:
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1. STATE OF KERALA, THROUGH THE S.I. OF POLICE SASTHAMCOTTA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. AYYAPPAN, S/O.KANNAN, AGED 64 YEARS, PRADEEP BHAVANAM (MAMKOOTTAM), VALIYAPADAM PADINJARE MURI, WEST KALLADA VILLAGE, KOLLAM DISTRICT.
R1 BY PUBLIC PROSECUTORSMT.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.MC.No. 3145 of 2013 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:
------------------------------------------ ANNEXURE-1:
A CERTIFIED COPY OF FIR WITH FIS IN CRIME NO.741/2012 OF SASTHAMCOTTA POLICE STATION.
ANNEXURE-2:
THE CERTIFIED COPY OF REPORT DATED 18.2.2013 IN CRIME NO.741/2012 INCORPORATING ADDITIONAL OFFENCES. ANNEXURE-2(A):
THE CERTIFIED COPY OF REPORT DATED 18.2.2013 IN CRIME NO.741/2012 IMPLICATING ACCUSED.
ANNEXURE-3:
THE CERTIFIED COPY OF REMAND APPLICATIONS OF THE 2ND RESPONDENT IN CRIME NO.741/2012 OF SASTHAMCOTTA POLICE STATION DATED 18.2.2013.
ANNEXURE-4:
THE CERTIFIED COPY OF FIR AND FIS IN CRIME NO.692/2012 OF SASTHAMCOTTA POLICE STATION.
RESPONDENT(S)' ANNEXURES:
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B.KEMAL PASHA, J.
================ Crl.M.C. No. 3145 of 2013 ======================= Dated this the 15th day of December, 2015
O R D E R
Heard the learned counsel for the petitioner and the learned Public Prosecutor and perused the records.
2. On hearing the learned counsel for the petitioner and on perusing the records, this Court is satisfied that the present stage is too early to form an opinion that the offences alleged against the petitioner will not lie. The petitioner is the 1st accused in Crime No.741/2012 of the Sasthamcotta Police Station, registered for the offences under Sections 306 IPC and Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. The de facto complainant is the father of the deceased, who committed suicide. This Court is not
Crl.M.C. No. 3145 of 2013 -: 2 :- expressing any opinion with regard to the merits or otherwise of the allegations at present. The matter has to be thoroughly investigated. For a pretty long period, the investigation stood stayed.
With liberty to the petitioner to raise the contentions forwarded at present at appropriate stage, in case of further grievance on getting the final report, this Crl.M.C is closed.
Sd/- B.KEMAL PASHA, JUDGE stu