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2026 Supreme(Online)(Ker) 5228

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S. DIAS, J
JOSHY VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.N.RAJESH, SHRI.GOPAKUMAR P., SRI.JOBY CYRIAC, SHRI.KURIAN K JOSE
For the Respondents: PP.SRI.M.P.PRASANTH

C.S.DIAS, J.

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

Crl.M.C.No.8407 of 2022 ------------------------------------------------

Dated this the 28th day of January, 2026

ORDER

The petitioner is the accused in C.C. No.2935 of

2016 on the file of the Judicial Magistrate of First Class-III, Thrissur (trial court) which has originated from Crime No.1609 of 2016 registered by the Nedupuzha Police Station, Thrissur, alleging the commission of the offences punishable under Section 118 (e) of the Kerala Police Act and Section 3 (2)(a) of the Prevention of Damages to Public Property Act , 1984.

2. The crux of the prosecution case is that, the petitioner had pushed down an electric post belonging to the Kerala State Electricity Board (‘Board’, in short) and caused a loss of Rs.31,083/- to the Board.

3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

4. The learned Counsel for the petitioner submits that, even if the allegations in Annexure A16 final report are taken on their face value, the same would not constitute the offences alleged against the petitioner. In fact the electrical post fell down due to lack of maintenance, which is evidenced by Annexure

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