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2023 Supreme(Online)(KER) 2638
HIGH COURT OF KERALA
GOPINATH P, J
K.C.NINAN – Appellant
Versus
STATE OF KERALA – Respondent
Crl.MC 4211/2021
TOM K.THOMAS B.G.HARINDRANATH, SRI.NOUSHAD K.A., SR.PP
Accusations of serious offences require specific evidence of elements defined in the statute; general allegations are insufficient for prosecution.
Headnote:
Trafficking - Criminal Procedure - IPC Section 370, JJ Act Sections 75, 79 - The court emphasized the necessity of specific allegations meeting statutory requirements to pursue charges under rape and trafficking laws, finding insufficient evidence to invoke these serious offences against the directors.
Fact of the Case:
The petitioners, directors of a seafood export company, were accused of trafficking and exploiting workers, including minors, based on allegations that lacked sufficient detail regarding coercion or control over the workers involved.
Issues: Whether the allegations against the directors for trafficking and violations of the Juvenile Justice Act were substantiated and warranted prosecution.
Ratio Decidendi: Criminal statutes must be strictly construed; in the absence of specific allegations of coercion or control that meet the statutory definitions, proceedings against the directors cannot be sustained.
Final Decision: All proceedings against the petitioners in CP No.2 of 2021 are quashed.
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 CRL.MC NO. 4211 OF 2021 CP 2/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KOCHI PETITIONER/ACCUSED NO.5:
K.C.NINAN AGED 87 YEARS MANAGING DIRECTOR, M/S. BABY MARINE INTERNATIONAL, RESIDING AT 18/101D, KALLUVILA HOUSE, BABY MARINE ROAD, THOPPUMPADY, KOCHI-682 005.
BY ADVS.
TOM K.THOMAS B.G.HARINDRANATH RESPONDENT/S:
STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PALLURUTHY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
OTHER PRESENT:
SRI VIPIN NARAYAN (SR PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.12.2023, ALONG WITH Crl.MC.5617/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 6TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945 CRL.MC NO. 5617 OF 2021 CRIME NO.1706/2016 OF Palluruthy Police Station, Ernakulam PETITIONERS/ACCUSED 3 & 4 :
1 ALEX K.NINAN AGED 42 YEARS S/O K C NINAN, DIRECTOR, M/S BABY MARINE INTERNATIONAL, RESIDING AT 18/101D, KALLUVILA HOUSE, BABY MARNE ROAD, THOPPUMPADY, KOCHI-682005.
2 GEORGE K.NINAN AGED 45 YEARS S/O K C NINAN, DIRECTOR, M/S BABY MARINE INTERNATIONAL, RESIDING AT 18/101D, KALLUVILA HOUSE, BABY MARNE ROAD, THOPPUMPADY, KOCHI-682005.
BY ADV TOM K.THOMAS RESPONDENT/S:
STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PALLURUTHY POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY SRI.NOUSHAD K.A., SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.12.2023, ALONG WITH Crl.MC.4211/2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
O R D E R
The petitioners in these cases are accused Nos.3, 4 and 5 in CP No.2 of 2021 on the file of the Judicial First Class Magistrate Court-II, Kochi.
2. The petitioners are Directors of a company incorporated under the Companies Act 1956 and engaged in the business of Seafood Export. CP No. 2 of 2021 arises from Crime No.1706 of 2016 of Palluruthy Police Station, which was registered on the allegation that 43 women workers from Odissa, Andra Pradesh and Assam had been employed in the company with the intention of exploiting them and without affording necessary facilities to them. It was further alleged that out of the aforesaid 43 persons, 27 persons were not adults, and they were below the age of 18. The offences alleged are those under Section 370 (3) of the Indian Penal Code and Sections 75 and 79 of the Juvenile Justice (Care and Protection of Children) Act . After filing of these Crl.M.Cs, it was reported before this Court that on further investigation, the Station House Officer, Palluruthy Police Station, Kochi City, has filed a report indicating that the offences under 370(3) IPC and Sections 75 and 79 of the will not lie and seeking deletion of the aforesaid provisions from the final report filed in Court and instead seeking to add the provisions of Section 420 r/w Section 34 . The said report was filed under Section 173 (8) of the Code of Criminal Procedure and also sought to delete the petitioners, namely accused Nos.3 to 5, from the array of parties. However, the learned Magistrate did not consider the second report as the learned Magistrate was only acting as a committal court.
3. Sri. B.G. Harindranath, the learned counsel appearing for the petitioner in Crl.M.C.No.4211 of 2021 filed by (accused No.5) and Adv.Sri.Tom K.Thomas, the learned counsel appearing for the petitioners in Crl.M.C.No.5617 of 2021 filed by (accused Nos.3 and 4) would contend that even ignoring the contents of the second report, the proceedings against the petitioners in CP No.2 of 2021 are liable to be quashed as the petitioners cannot be accused of having committed any offence under Section 370 (3) of IPC or Sections 75 and 79 of the JJ Act. It is submitted that, in order to attract an offence under , there mus
