Hamson v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 Crl.MC.No. 7157 of 2015 --------------------------------- SC 695/2014 OF ADDITIONAL ASSISTANT SESSIONS COURT, KOCHI CRIME NO. 1306/2012 OF NJARAKKAL POLICE STATION, ERNAKULAM -------------------- PETITIONER(S)/ACCUSED:

------------------------------------- HAMSON, AGED 29 YEARS, S/O.ANTONY, ANTHIKKAD HOUSE, VATTAPPARAMBU BHAGAM, ASSAD ROAD, KALOOR, ERNAKULAM DISTRICT.

BY ADVS.SRI.T.P.SANTHOSH KUMAR SRI.JACOB THIRUVINAL VARGHESE RESPONDENT(S)/STATE AND CW1 TO 2:

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1. STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, NJARAKKAL POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 682 031.

2. TONY, AGED 30 YEARS, S/O.GEORGE, MATTATHITHARA HOUSE, NEAR SUJATHA THEATER ELAMKUNNAPUHA VILLAGE, ERNAKULAM DISTRICT.

R1 BY PUBLIC PROSECUTOR SMT.MAYA R2 BY ADV. SMT.N.P.RUKSANA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 7157 of 2015 --------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE A1. COPY OF THE CHARGE SHEET IN SC 695/14 IS PENDING ON THE FILES OF ADDITIONAL ASSISTANT SESSIONS COURT, AT KOCHI, ARISING OUT OF CRIME 1306/12 OF NJARAKKAL POLICE STATION. ANNEXURE A2. NOTARISED AFFIDAVIT DATED 28.10.15 SWORN BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

................................................................ CRL.M.C. No. 7157 of 2015 .................................................................. Dated this the 20th day of November, 2015

O R D E R

Petitioner is the accused in S.C.No.695/2014 of the Additional Assistant Sessions Court, Kochi, which has arisen from Crime No.1306/2012 of the Njarakkal Police Station, for the offence punishable under Section 436 of the Indian Penal Code. It seems that the parties have entered into a settlement whereby the matter has been settled between the parties.

2.

It seems that apart from the motor bike, which was burned; portions of the residential building were also burned. In such case, it cannot be said that the offence will not fall under Section 436 IPC. When it is an offence under Section 436 IPC, this Court cannot accept and endorse the

CRL.M.C.No. 7157 of 2015 -: 2 :- settlement arrived at between the parties. Matters being so, this Crl.M.C. stands dismissed.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge