Ratheesh vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 31, 2022

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Citation: sooperkanoon.com/1465768
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: May 31, 2022
Case Number: Crl.MC/2091/2022

Parties & Advocates

Appellant / Petitioner

Ratheesh

Respondent

State of Kerala

Excerpt

..... registered for the offences punishable under sections 447,506,109 r/w.section 34 of the indian penal code (ipc).2. the allegation is that, the 1st accused trespassed into the courtyard of the house of the defacto complainant on several days between january 2021 and december 2021 and he also made a statement publicly that he will kill the defacto complainant and his brother within 90 days.3. the allegation against the petitioner is that, the aforesaid threat was made with thecrl.mc no.2091 of 2022 3 knowledge and instigation of the petitioner for compelling the defacto complainant to settle a case in which the petitioner was an accused. annexure-1 is the f.i.r. and annexure-2 is the final report.4. the learned counsel for the petitioner submits that, the materials available on recordare not sufficient to establish the offence under section 109 of the ipc. it is pointed out that, none of the witnesses have mentioned about the specific role played by the petitioner in the commission of the crime and the only allegation is that the commission of the said offences made by the 1st accused was with the knowledge of the petitioner herein.5. heard both sides.6. i have gone through the records. on carefully gone through the same, i am of the view that, this is not a fit case in which thecrl.mc no.2091 of 2022 4 interference can be made by invoking section 482 of the cr.pc. this is particularly because, the petitioner has a remedy to approach the learned magistrate and seek for discharge. in such circumstances, this crl.m.c. is disposed of without prejudice to the remedies and contentions of the petitioner. however, it is made clear that, if any such application for discharge is submitted by the petitioner before the learned magistrate within a period of three weeks from today, the same shall be taken up andconsidered by the learned magistrate in accordance with law, within a period of three months from the date of submission of such.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 CRL.MC NO. 2091 OF 2022 [IN C.C.NO.66/2022 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV, PERUMBAVOOR] PETITIONER/PETITIONER: RATHEESH AGED 38 YEARS SON OF RAVI,CHETHIKATTIL HOUSE,KADAPPARA KARA, MALAYATTOOR,ALUVA THALUK, PIN - 683587 BY ADV AJEESH M. UMMER RESPONDENT/RESPONDENT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV. C S HRITHWIK- PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC No.2091 of 2022 2

ORDER

The petitioner who is the 2nd accused in C.C.No.66/2022 pending before the Judicial First Class Magistrate Court-IV, Perumbavoor has filed

this        Crl.M.C            for     quashing        all     further
proceedings          against         him.     The    aforesaid      case
arises      from     Crime       No.3/2022      of    Kalady     Police
Station       which       is    registered      for    the    offences
punishable          under        Sections       447,506,109         r/w.

Section 34 of the Indian Penal Code (IPC).

2. The allegation is that, the 1st accused trespassed into the courtyard of the house of the defacto complainant on several days between January 2021 and December 2021 and he also made a statement publicly that he will kill the defacto complainant and his brother within 90 days.

3. The allegation against the petitioner is that, the aforesaid threat was made with the

CRL.MC No.2091 of 2022 3 knowledge and instigation of the petitioner for compelling the defacto complainant to settle a case in which the petitioner was an accused. Annexure-1 is the F.I.R. and Annexure-2 is the final report.

4. The learned counsel for the petitioner submits that, the materials available on record

are not sufficient to establish the offence under Section 109 of the IPC. It is pointed out that, none of the witnesses have mentioned about the specific role played by the petitioner in the commission of the crime and the only allegation is that the commission of the said offences made by the 1st accused was with the knowledge of the petitioner herein.

5. Heard both sides.

6. I have gone through the records. On carefully gone through the same, I am of the view that, this is not a fit case in which the

CRL.MC No.2091 of 2022 4 interference can be made by invoking Section 482 of the Cr.PC. This is particularly because, the petitioner has a remedy to approach the learned Magistrate and seek for discharge. In such circumstances, this Crl.M.C. is disposed of without prejudice to the remedies and contentions of the petitioner. However, it is made clear that, if any such application for discharge is submitted by the petitioner before the learned Magistrate within a period of three weeks from today, the same shall be taken up and

considered by the learned Magistrate in accordance with law, within a period of three months from the date of submission of such application. Sd/- ZIYAD RAHMAN A.A. JUDGE pkk CRL.MC No.2091 of 2022 5 APPENDIX OF CRL.MC 2091/2022 PETITIONER ANNEXURES Annexure1 FIR & FIS IN CRIME 03 OF 2022 OF KALADY POLICE STATION Annexure2 CERTIFIED COPY OF FINAL REPORT IN CRIME 03 OF 2022 OF KALADY POLICE STATION

Same Court & Year Kerala Orders · 2022 Same Parties Ratheesh vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.