IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 28TH DAY OF MARCH 2018 / 7TH CHAITHRA, 1940 Crl.MC.No. 1763 of 2018 C.P.NO. 102/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NILAMBUR CRIME NO. 280/2017 OF EDAKKARA POLICE STATION ---------

PETITIONER(S)/ACCUSED :

GEORGE PHILIP KALARIKKAL, MANAGING TRUSTEE, GOOD SHEPHERD EDUCATIONAL &

CHARITABLE TRUST, PALUNDA, CHUNGATHARA, NILAMBUR TALUK, PIN - 679 334.

BY ADVS.SRI.T.M.RAMAN KARTHA SMT.K.BINUMOLE THOMAS SRI.I.SREEHARI RESPONDENT(S)/COMPLAINANT & STATE:

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN - 31.

2. SUB INSPECTOR OF POLICE, EDAKARA POLICE STATION, EDAKARA, NILAMBUR, PIN - 679 331.

3. M.T JOHN @ YOHANNAN @ ONACHAN, AGED 88 YEARS, MARANGATTU HOUSE, PALUNDA, CHUNGATHARA POST, PIN - 679 334, NILAMBUR, MALAPPURAM DISTRICT.

R1 & R2 BY SR.PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-03-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1 TRUE COPY OF THE FIR DATED 30.10.2017 IN CRIME NO.281/2017 OF EDAKKARA POLICE STATION.

ANNEXURE A2 TRUE COPY OF THE FIR DATED 30.10.2017 IN CRIME NO.280/2017 OF EDAKKARA POLICE STATION, REGISTERED ON THE COMPLAINT OF THE 3RD RESPONDENT.

ANNEXURE A3 TRUE COPY OF THE WOUND CERTIFICATE DATED 30.10.2017 OF THE 3RD RESPONDENT.

ANNEXURE A4 TRUE COPY OF THE STATEMENT OF THE 3RD RESPONDENT DATED 31.10.2017 AS RECORDED BY THE 2ND RESPONDENT.

ANNEXURE A5 CERTIFIED COPY OF THE FINAL REPORT DATED 15.12.2017 IN CRIME NO.287/2017 OF EDAKKARA POLICE STATION.

ANNEXURE A6 TRUE COPY OF THE WITNESS LIST DATED 15.12.2017 FILED ALONG WITH ANNEXURE.

ANNEXURE A7 TRUE COPY OF EMAIL DATED 10.11.2017 SENT BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA.

ANNEXURE A7(A) TRUE COPY OF EMAIL DATED 10.11.2017 SENT BY THE PETITIONER TO THE DIRECTOR GENERAL OF POLICE, KERALA.

ANNEXURE A8 TRUE COPY OF THE COMPLAINT DATED 10.11.2017 MADE BY THE PETITIONER BEFORE THE CHIEF MINISTER OF KERALA WITH COPY OF THE STATE POLICE CHIEF.

ANNEXURE A9 TRUE COPY OF THE EMAIL DATED 13.11.2017 SENT TO THE PETITIONER FROM THE OFFICE OF THE CHIEF MINISTER BY EMAIL REGARDING ANNEXURE A8.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY//

P.S.TO JUDGE K.ABRAHAM MATHEW J.

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Dated this the 28^th day of March, 2018

ORDER

Petition filed under Section 482 Cr.P.C.

2. Petitioner is the accused in C.P.No.102 of 2017 on the file of the Judicial First Class Magistrate Court, Nilambur. He is alleged to have committed the offences under Sections 308, 323, 326 and 506 IPC. The proceedings are sought to be quashed on the ground that the allegations are false.

3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. It is seen from the wound certificate that the victim who is aged more than 90 years sustained injuries including fracture of two ribs. Whether the allegation in the final report is true or not is a matter to be decided at the trial. If Section 308 IPC is not attracted as claimed by him, the petitioner may make his submissions before the trial court before the charge is framed.

In the result, this Crl.M.C is dismissed with the above observation.

Sd/

K.ABRAHAM MATHEW JUDGE pm