Subash v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 9TH DAY OF FEBRUARY 2015/20TH MAGHA, 1936 --------------------------- CRIME NO. 105/CR/HHW-III/2011/KKD OF CBCID, KOZHIKODE REGISTERED ON TRANSFER OF CRIME NO. 36/2011 OF RAILWAY POLICE STATION, KOZHIKODE.
-------------- PETITIONER/ACCUSED :
------------------------------------ SUBASH S/O. KRISHNAMOORTHY, AGED 34 ASSISTANT PROFESSOR ELECTRICAL ENGINEERING DEPARTMENT NATIONAL INSTITUTE OF TECHNOLLGY CALICUT (NOW UNDER SUSPENSION), MAVILA VEEDU, ROHINI SINGLE STREET LINE, BALARAMAPURAM, THIRUVANANTHAPURAM-695 001.
BY SENIOR ADVOCATE SRI.B.RAMAN PILLAI) BY ADVS.SRI.R.ANIL SRI.SUJESH MENON V.B.
SRI.T.ANIL KUMAR SRI.MANU TOM SRI.THOMAS ABRAHAM (NILACKAPPILLIL) SRI.M.VIVEK RESPONDENTS/COMPLAINANT :
-------------------------------------------------
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
*ADDL.R2 IMPLEADED --------------------------------- *ADDL.R2.
K. KRISHNAN NAIR AGED 64 YEARS, S/O. KESAVAN NAIR VAISAKH HOUSE, KMCRA 72, MOSQUE LANE KUMARAPURAM, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.
*IS IMPLEADED AS ADDL. R2 AS PER ORDER DATED 4/2/2015 IN CRL.M.A. NO. 945/15 IN CRL.MC.NO. 5997/2014.
R1 BY PUBLIC PROSECUTOR SRI.C. RASHEED ADDL. R2 BY ADV. SRI.V.C.SARATH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/-
APPENDIX PETITIONERS' ANNEXURES :
ANNEXURE A : COPY OF THE RELEVANT PORTION OF THE FINAL REPORT FILED BEFORE THE JFCM COURT-I, ALUVA, IN 105/CR/HHWIII/KKD/2011.
ANNEXURE B COPY OF THE CRL.M.P. NO. 36/2014 FILED BEFORE THE JFCM COURT-I, ALUVA DATED 6-1-2014.
ANNEXURE C COPY OF THE REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID HHW-I, THIRUVANANTHAPURAM DATED 11-2-2014.
ANNEXURE D COPY OF THE ADDITIONAL STATEMENT FILED BY THE PETITIONER DATED 8-4-2014.
ANNEXURE E COPY OF THE ADDITIONAL STATEMENT FILED BY THE PETITIONER DATED 23-4-2014.
ANNEXURE F COPY OF THE REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID HHW-I, THIRUVANANTHAPURAM DATED 22-4-2014.
ANNEXURE G COPY OF THE REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID HHW-I, THIRUVANANTHAPURAM DATED 28-5-2014.
ANNEXURE GI COPY OF THE REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID HHW-I, THIRUVANANTHAPURAM DATED 28-5-2014.
ANNEXURE H COPY OF THE MEMO FILED BY THE PETITIONER BEFORE THE JFCM COURT-I, ALUVA DATED 16-6-2014.
ANNEXURE I COPY OF THE REPORT FILED BY THE DEPUTY SUPERINTENDENT OF POLICE, CBCID HHW-I, THIRUVANANTHAPURAM DATED 24-6-2014.
(Contd...)
ANNEXURE J CERTIFIED COPY OF THE ORDER IN MP NO. 36 OF 2014 IN CP NO. 53 OF 2013 OF THE JFCM-I, ALUVA DATED 15-7-2014. ANNEXURE K CERTIFIED COPY OF ORDER IN CP NO. 53 OF 2013 OF THE JFCM-I, ALUVA DATED 15-7-2014.
RESPONDENT'S ANNEXURES :
ANNEXURE R1(a) : COOPY OF THE REPORT DATED 28.5.2014. TRUE COPY// P.A. TO JUDGE Mn
B. KEMAL PASHA, J.
````````````````````````````````````````````````````````````` Crl.M.C. No.5997 2014 ````````````````````````````````````````````````````````````` Dated this the 9th day of February, 2015
O R D E R
~ ~ ~ ~ ~ ~ Petitioner is the accused in Crime No.105/CR/HHW-III/2011/KKD of CBCID, Kozhikode, which was initially registered as Crime No.36/2011 of the Railway Police Station, Kozhikode, presently pending as S.C.No.424/2014 before the Additional Sessions Court (W&C), Ernakulam.
2.
The petitioner has sought for getting order dated 15.07.2014 in M.P.No.36/2014 produced as Annexure-J and the order of committal dated 15.07.2014 in C.P.53/2013, quashed and for a direction to the prosecution to furnish all the records claimed by the petitioner in Annexure-H memo. 3.
Heard the learned Senior Counsel for the petitioner, learned counsel for the defacto complainant and the learned Senior Public Prosecutor.
Crl.M.C.5997/2014 : 2 :
4.
The present concern expressed by the learned Senior Counsel for the petitioner is that the petitioner may not be able to defend the case properly as copies of many of the documents were not served. The learned Senior Public Prosecutor has submitted that the copies of almost all the documents have been served and the attempt of the accused is to drag the proceedings unnecessarily. It is further submitted that the copies of some of the documents and CDs produced as material objects could not be served on the accused as the witnesses in relation to those documents are not cited as charge witnesses in the case, and the prosecution does not propose to examine those witnesses. Over and above it, it has been pointed out that some of the CDs containing the scenes relating to the sexual contacts of the accused and the deceased, which were taken from the laptop of the deceased, and the copy of the same cannot be supplied. Whatever it is, now, the learned Additional Sessions Judge has to take a decision in
Crl.M.C.5997/2014 : 3 :
the matter when the case is pending before that court. 5.
There is no reason to quash the committal order passed by the learned Magistrate. Regarding the other question relating to the copies of documents and material objects, the petitioner can raise that question before the learned Additional Sessions Judge and in such case, the court below shall take appropriate decision in the matter at the earliest, before framing charges.
With the said observations, this Crl.M.C. is disposed of.
Sd/- (B.KEMAL PASHA, JUDGE) aks/09/02 // True Copy // PA to Judge