Krishna Pillai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 4TH DAY OF DECEMBER 2015/13TH AGRAHAYANA, 1937 Crl.MC.No. 5879 of 2015 () --------------------------- CC 803/2014 of JUDICIAL FIRST CLASS MAGISTRATE'S COURT-I, PUNALUR CRIME NO. 435/2014 OF ANCHAL POLICE STATION, KOLLAM PETITIONERS/ACCUSED 1 TO 3:

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1. KRISHNA PILLAI, AGED 68 YEARS, S/O.GOPALA PILLAI, SREENIVAS BHAVAN, PERUMANNUR, VALAKOM, KOTTARAKKARA, KOLLAM.

2. PUSHPA DEVI, AGED 57 YEARS, W/O.KRISHNA PILLAI, SREENIVAS BHAVAN, PERUMANNUR, VALAKOM, KOTTARAKKARA, KOLLAM.

3. SINDHU, AGED 34 YEARS, D/O.KRISHNA PILLAI, SREENIVAS BHAVAN, PERUMANNUR, VALAKOM, KOTTARAKKARA, KOLLAM.

BY ADVS.SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENTS/STATE & DEFACTO COMPLAINANT:

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, ANCHAL POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682 031.

2. BINDUKUMAR, S/O.BALAKRISHNA PILLAI, AMBIKA VILASAM, PERUMANNUR, ARAKKAL VILLAGE, KOTTARAKKARA, KOLLAM - 691 532. R1 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 5879 of 2015 () --------------------------- APPENDIX PETITIONERS' ANNEXURES:

----------------------- ANNEXURE-A1: COPY OF THE F.I.R IN CRIME 435/14 OF ANCHAL POLICE STATION DATED 28.3.2014.

ANNEXURE-A2: COPY OF THE FINAL REPORT DATED 24.4.2014 IN CRIME 435/2014 OF ANCHAL POLICE STATION.

ANNEXURE-A3: COPY OF THE RECEIPT DATED 26.3.2014. ANNEXURE-A4: COPY OF THE F.I.R 427/2014 DATED 27.3.2014 OF ANCHAL POLICE STATION.

ANNEXURE-A5: COPY OF THE WOUND CERTIFICATES DATED 28.3.2014.

ANNEXURE-A6: COPY OF THE COMPLAINT DATED NIL. ANNEXURE-A7: COPY OF THE REPORT SUBMITTED BY THE GRADE SUB INSPECTOR.

ANNEXURE-A8: COPY OF THE FINAL REPORT DATED 24.4.2014. ANNEXURE-A9: COPY OF THE ORDER DATED 22.12.2014 IN O.P NO.153/2014.

ANNEXURE-A10: COPY OF THE WOUND CERTIFICATE OF THE 2ND RESPONDENT AND HIS BROTHER DATED 26.3.2014.

RESPONDENTS' ANNEXURES:

----------------------- NIL // True Copy // P.S. To Judge DSV/5/12/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No.5879 of 2015 ======================= Dated this the 4th day of December, 2015

O R D E R

Heard the Adv. Sri.A.X.Varghese, learned counsel for the petitioners and Adv.Smt.Maya, the learned Public Prosecutor.

2. The learned Public Prosecutor has reported that in this matter, the Inspector General of Police, Thiruvananthapuram has initiated disciplinary action against the concerned Sub Inspector of Police and further, a further investigation has already been ordered in the matter under Section 173(8) Cr.P.C. The Inspector of Police Anchal is entrusted with the task of such further investigation. As further investigation in the matter is going on, all further proceedings in C.C.No.803 of 2014 of the

Crl.M.C. No.5879 of 2015 Judicial First Class Magistrate's Court, Punalur shall stand stayed till the filing of such further Final Report. Recording the said submissions and with the said observations, this Crl.M.C. is closed.

Sd/- B.KEMAL PASHA JUDGE DSV/4/12/15 // True Copy // P.A. To Judge