IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 935 of 2011 ------------------------------ CC.2118/2010 of JFCM III THRISSUR ......... PETITIONER/2ND ACCUSED: SHABU, S/O.P.K.DEVASSY, PORATHURPALLIKUNNATHU HOUSE, MULLAKKARA DESOM, OLUKKARA VILLAGE, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) RESPONDENTS/STATE & DEFACT0-COMPLAINANT: 1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, PEECHI POLICE STATION, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS, S/O.OUSEPH, KODALI HOUSE, CHEENIKKADAVU DESOM, PEECHI VILLAGE, THRISSUR. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 935/2011 ANNEXURE A CERTIFIED COPY OF THE FIR IN CRIME 727/07 OF PEECHI POLICE STATION ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET IN CRIME 727/07 OF PEECHI POLICE STATION ANNEXURE C TRUE COPY of the QUOTATION NOTICE DT. 28.5.07 ISSUED BY THE AGRICULTURAL OFFICER, STATE SEED FARM, PANANCHERY ANNEXURE D TRUE COPY OF THE LETTER DT. 3.7.07 SENT BY THE AGRICULTURAL OFFICER, PANANCHERY TO THE PRINCIPAL AGRICULTURAL OFFICER, THRISSUR ANNEXURE E TRUE COPY OF THE ORDER DT. 19.10.07 OF THE PRINCIPAL AGRICULTURAL OFFICER THRISSUR ANNEXURE F CERTIFIED COPY OF THE REPORT OF THE ELECTRICAL INSPECTOR DT. 2.1.08 /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.No.935 of 2011 ------------------------------------------- Dated this the 28th day of September, 2011 ORDER Petitioner is the second accused in C.C.No.2118/2010 on the file of Judicial First Class Magistrate Court-II, Thrissur. The charge sheet in the aforesaid case was filed by the police after investigation for the offence under Section 336 read with Section 34 of Indian Penal Code. The allegation is that earth wires attached to the meters and switch boards were not earthed properly, as a result of which electricity passed through suction pipe laid in the river for pumping water, causing death of five cows belonging to the defacto complainant by electrocution. It is submitted that the defacto complainant also sustained injury due to electrocution. 2. Learned counsel for the petitioner submits that Annexures-C, D and E would show that first accused alone was responsible for maintaining the meter and for doing whatever was required for that purpose and that petitioner was not at all responsible for the same. It is submitted by the learned counsel that particulars of the offence were not read over so as to record CRMC 935/2011 2 the plea of the accused under Section 251 of Code of Criminal Procedure. 3. Before the plea of the accused is recorded under Section 251 of Code of Criminal Procedure, learned Magistrate can hear the petitioner to hold whether prosecution is to be had against him also. This position has been clarified in Kamala Rajaram v. State of Kerala (2005 (3) KLT 617). In the light of the aforesaid decision, learned Magistrate is directed to consider the application filed by the petitioner. Petitioner is permitted to produce Annexures-C to F produced in this case before the Magistrate. The effect/relevancy of those documents also shall be considered while passing the orders in the light of the decision cited supra. This petition is disposed of accordingly. (N.K.Balakrishnan, Judge) tkv