Court quashed proceedings against the accused for lack of material evidence connecting them to the alleged crime.

O R D E R

The accused Nos.3 to 5 in C P No.1/2019 on the files of the Judicial First Class Magistrate Court, Ponnani have filed this petition under Section 482 Cr.P.C to quash the proceedings against them in the said case which arose out of Crime No.70/2017 of Perumbadappu Police Station.

2. The prosecution case is that the accused Nos.1 to 5 entered into a criminal conspiracy to set on fire the motor car of the de facto complainant/first respondent, and also the house where he is residing along with his wife, and pursuant to the aforesaid conspiracy, the accused Nos.1 and 2, on 04.04.2017 at about 3:15 a.m, set ablaze the motor car belonging to the de facto complainant which was parked in front of the house where he has been residing. It is further alleged that the accused intended to set on fire the above residential house as well. The accused Nos.3 and 4 are alleged to have financially aided accused Nos.1 and 2 for the commission of the offence, whereas the accused No.5 is alleged to have given the information to accused Nos.1 and 2 about the presence of the car of the de facto complainant in front of the house where he has been residing.

3. The accused Nos.3 and 4, who are wife and husband, allegedly nurtured enmity with the de facto complainant for his act of facilitating the elopement of their daughter with the de facto complainant. The third accused is also alleged to be having hitch with the de facto complainant in connection with the non-payment of money borrowed from her. It is further alleged that the first accused was having grudge with the de facto complainant for depriving him of the job he was having in the establishment of accused Nos.3 & 4. 4. The case has been registered by the Perumbadappu Police on 04.04.2017 on the basis of the First Information Statement given by the de facto complainant. However, the de facto complainant confided to the police that he was not aware of the identity of the culprits who committed the crime. After the completion of the investigation, the S.I of Police, Perumbadappu laid the final report against five accused in connection with the commission of the offences under Sections 435, 452 and 511 of 436 I.P.C r/w Section

120B I.P.C.

5. In the present petition, the petitioners would contend that they are totally innocent, and that they have been falsely implicated in this case. It is further stated that there is absolutely no material collected by the investigating agency to connect the petitioners with the offence.

6. Heard the learned counsel for the petitioners, the learned counsel for the first respondent, and the learned Public Prosecutor representing the State of Kerala.

7. The alleged act of setting on fire the car belonging to the de facto complainant, was committed by accused Nos.1 and 2. The final report and the accompanying records contain the indications that the accused Nos.1 and 2 had gone together in a motor bike and procured the petrol and cotton waste for facilitating the act of burning the vehicle belonging to the de facto complainant. However, as against the petitioners herein, the confession alleged to have been made by the accused Nos.1 and 2 to the police, and the data of call details showing the phone calls with the accused Nos.1 and 2, are the only materials relied on by the prosecution to fasten them with the criminal liability. As regards the confession of accused Nos.1 and 2 to the police, it has to be stated that it would in no way help the prosecution to rope in the petitioners with this crime. The call records relied on by the prosecution are also incapable of showing that the petitioners entered into a criminal conspiracy with accused Nos.1 and 2 for the commission of crime inv