B NARAYANAN Vs State of Kerala represented by Sub Inspector of Police - Court Judgment

SooperKanoon Citationsooperkanoon.com/1351077
CourtKerala High Court
Decided OnMar-30-2023
Case NumberCrl.L.P./185/2023
JudgeHonourable Mr. Justice Bechu Kurian Thomas
AppellantB Narayanan
RespondentState of Kerala represented by Sub Inspector of Police
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice bechu kurian thomas thursday, the 30th day of march 2023 / 9th chaithra, 1945 crl.l.p. no. 185 of 2023 crime no.209/2017 of wandoor police station, malappuram against the judgment in s.c.no. 76/2019 of special court (atrocities against sc/st), manjeri petitioner/victims: 1 b narayanan aged 85 years s/o appu, 2 anil kumar aged 44 years s/o b narayanan, 3 ramesh aged 47 years s/o narayanan, by advs. m.a.abdul hakhim joseph george m.a.azeez mushtaque respondents/complainant & accused: 1 state of kerala represented by sub inspector of police wandoor, malappuram district, pin - 679328 through the public prosecutor, high court of kerala, ernakulam.,2 pratheesh aged 42 years s/o velayudhan, 3 dinesh, s/o.konga, 4 sreejith, aged 36 years s/o.sreedharan, marakulath i house, pookkulam, wandoor, 5 parangodan aged 72 years s/o.chathu, 6 praveen s/o.velayudhan, kummali house, marakkalam kunnu, 7 janardhanan, aged 53 years s/o.ayyappan, angadithalakkal house, 8 vishnu, aged 27 years s/o.narayanan, kummali house, pookulam, 9 sreedharan aged 62 years , s/o.unnippathan, marakkulath house, malappuram district pin-679328., pin - 679328 by adv noushad.k.a public prosecutor this criminal leave petition having come up for admission on 30.03.2023, the court on the same day delivered the following:bechu kurian thomas, j.==================== ===================== dated this the 30th day of march, 2023orderthis is an application seeking leave to prefer an appeal against the order of acquittal in s.c. no.76/2019 on the files of the special court for sc/st (poa) act, manjerry.2. having heard the learned counsel for the petitioners as well asthe learned public prosecutor, i am satisfied that sufficient reasons have been made out for filing an appeal. accordingly, leave is granted to prefer an appeal against the aforementioned judgment. sd/- bechu kurian thomas judge jka/30.03.23
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945 CRL.L.P. NO. 185 OF 2023 CRIME NO.209/2017 OF WANDOOR POLICE STATION, MALAPPURAM AGAINST THE JUDGMENT IN S.C.NO. 76/2019 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST), MANJERI PETITIONER/VICTIMS: 1 B NARAYANAN AGED 85 YEARS S/O APPU, 2 ANIL KUMAR AGED 44 YEARS S/O B NARAYANAN, 3 RAMESH AGED 47 YEARS S/O NARAYANAN, BY ADVS. M.A.ABDUL HAKHIM JOSEPH GEORGE M.A.AZEEZ MUSHTAQUE RESPONDENTS/COMPLAINANT & ACCUSED: 1 STATE OF KERALA REPRESENTED BY SUB INSPECTOR OF POLICE WANDOOR, MALAPPURAM DISTRICT, PIN - 679328 THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.,

2 PRATHEESH AGED 42 YEARS S/O VELAYUDHAN, 3 DINESH, S/O.KONGA, 4 SREEJITH, AGED 36 YEARS S/O.SREEDHARAN, MARAKULATH I HOUSE, POOKKULAM, WANDOOR, 5 PARANGODAN AGED 72 YEARS S/O.CHATHU, 6 PRAVEEN S/O.VELAYUDHAN, KUMMALI HOUSE, MARAKKALAM KUNNU, 7 JANARDHANAN, AGED 53 YEARS S/O.AYYAPPAN, ANGADITHALAKKAL HOUSE, 8 VISHNU, AGED 27 YEARS S/O.NARAYANAN, KUMMALI HOUSE, POOKULAM, 9 SREEDHARAN AGED 62 YEARS , S/O.UNNIPPATHAN, MARAKKULATH HOUSE, MALAPPURAM DISTRICT PIN-679328., PIN - 679328 BY ADV NOUSHAD.K.A PUBLIC PROSECUTOR THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BECHU KURIAN THOMAS, J.

==================== ===================== Dated this the 30th day of March, 2023

ORDER

This is an application seeking leave to prefer an appeal against the order of acquittal in S.C. No.76/2019 on the files of the Special Court for SC/ST (POA) Act, Manjerry.

2. Having heard the learned counsel for the petitioners as well as

the learned Public Prosecutor, I am satisfied that sufficient reasons have been made out for filing an appeal. Accordingly, leave is granted to prefer an appeal against the aforementioned judgment. Sd/- BECHU KURIAN THOMAS JUDGE Jka/30.03.23