High Court Kerala High Court

Mr. Kunhalan vs State Of Kerala on 29 March, 2007

Kerala High Court
Mr. Kunhalan vs State Of Kerala on 29 March, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 2980 of 2006()


1. MR. KUNHALAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

                For Petitioner  :SMT.SREEKALA KRISHNADAS

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :29/03/2007

 O R D E R
                                    R.BASANT, J

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                            Crl.M.C.No.2980 of 2006

                       -------------------------------------

                    Dated this the 29th day of March, 2007


                                        ORDER

The petitioner is the 4th accused in a prosecution for the offence

punishable, inter alia, under Section 332 read with 149 I.P.C and

Section 3(1) of the P.D.P.P Act. The crux of the allegations against the

petitioner is that he was a member of an unlawful assembly of persons

who had allegedly thrown stones at a K.S.R.T.C bus, which was

passing by. The petitioner along with co-accused was allegedly

arrested by the police officials in the course of the incident in which

they had allegedly committed the crime.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. He happened to be present at the

scene of the crime, a busy market centre, only because he had gone

there to purchase medicine for his daughter. He has nothing to do

with the incident that had taken place. He had been unnecessarily

arrayed as an accused. Counsel brings to the notice of the Court

certain news paper reports which show that the petitioner had

complained even at the earliest stages that he was not involved in the

incident.

Crl.M.C.No.2980 of 2006 2

3. The case diary has been placed before me for my perusal.

The F.I statement as well as the statements of witness recorded do

indicate that the miscreants who were allegedly found indulging in

culpable overt acts were caught by the police personnel and arrested.

They included the petitioner herein also. At the moment and with the

available inputs, I do not find any warrant for invoking the

extraordinary inherent jurisdiction available to this Court. Disputed

questions of fact cannot obviously be attempted to be resolved by

invoking the extraordinary inherent jurisdiction available to this Court.

4. The learned counsel for the petitioner prays that if

insistence on personal appearance of the petitioner were made, it

would cause great hardship and prejudice to the petitioner. I have no

reason to assume that the learned Magistrate would insist on such

personal appearance unnecessarily. No Court should unnecessarily

insist on the personal appearance of the accused unless such personal

presence is necessary for the progress of trial in the case. It is for the

petitioner to apply for exemption before the learned Magistrate and the

learned Magistrate must consider such application in accordance with

law and on merits. Unnecessary personal appearance should not be

insisted by any criminal Court.

Crl.M.C.No.2980 of 2006 3

6. This Crl.M.C is, in these circumstances, dismissed. I may

hasten to observe that the dismissal of this Crl.M.C will not in any way

fetter the rights of the petitioner to raise all appropriate and relevant

contentions before the learned Magistrate. I have only chosen to hold

that powers under Section 482 cannot and need not be invoked in

favour of the petitioner.

(R.BASANT, JUDGE)

rtr/-