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2025 Supreme(Online)(Ker) 53570

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. Girish, J
Siby Stephen – Appellant
Versus
State of Kerala – Respondent


Advocates:
For the Appellants/Petitioners: Shri Martin D. Alumkara, Shri Mohan Idiculla Abraham, Sri Rachel Joseph, Smt. R. Rema Menon, Smt. R. Rajasree
For the Respondents: Sri Ranjit George - Sr. PP

ORDER

Aggrieved by Annexure A12 - order of the Judicial First Class Magistrate Court - I, Vaikom, declining to discharge the petitioner from the criminal prosecution initiated against him in C.C.No.449 of 2013 on the files of the said court, the petitioner has filed this revision petition.

2. The prosecution case is that on 31.03.2013, at about

11.30 pm, the petitioner criminally trespassed into the car porch of the residence of the defacto complainant / 2nd respondent and set ablaze a goods vehicle, which belonged to the defacto complainant, which was parked there, causing loss to the tune of Rs.2 lakhs, to the defacto complainant. It is alleged that the petitioner committed the aforesaid act due to the previous enmity with the defacto complainant.

3. The case was registered by the Thalayolaparambu Police on 01.04.2013, on the basis of the First Information Statement given by the defacto complainant. However, the defacto complainant had stated that he was not aware of the assailant who committed the crime, though he suspected the involvement of the petitioner herein since there were pending litigations between them in connection with building work. After the completion of the investi

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