IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 Crl.MC.No. 810 of 2011() ----------------------------------- CRIME NO.141/2000 OF THE POONTHURA POLICE STATION. .................... PETITIONER(S): 2ND ACCUSED --------------------------------------------- RAJEEV, S/O.SUDHAKARAN, POONTHURA P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.J.S.AJITHKUMAR SRI.S.ASWAKUMAR RESPONDENT(S): STATE & DEFACTO COMPLAINANT ------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031. 2. BALAKRISHNAN, S/O.SUBRAMANIAN, AGED 60, AISWARYA, TC 63/2182, NEAR AL ARIFA HOSPITAL, AMBALATHARA, MUTTATHARA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001. 3. SANALKUMAR, INVESTIGATING OFFICER, FORMER ASSISTANT COMMISSIONER OF POLICE, SANGHUMUGHAM, THIRUVANANTHAPURAM DISTRICT, PIN - 695 001, PRESENTLY WORKING AS DEPUTY SUPERINTENDENT OF POLICE, DIVISIONAL OFFICE, THIRUVANANTHAPURAM. R1 BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.810 of 2011 -------------------------------------- Dated this the 15th day of March, 2011. ORDER Petitioner is accused No.2 in Crime No.141 of 2000 of Punthura Police Station originally for offences punishable under Sections 457, 461 and 380 read with Section 34 of the Indian Penal Code (for short, “the Code”) and now involving offences punishable under Sections 366A and 376 of the Code as well. Prosecution case is that on 10.11.2000 accused No.1 who is the son of defacto complainant/respondent No.2 along with petitioner took his daughter (sister of accused No.1), then aged about 14 years from the boarding school where she was staying, accused No.1 and petitioner also committed theft of 40 sovereigns and `.78,000/- from the house of defacto complainant and left the place. Later accused No.1 and the daughter of defacto complainant appeared in this Court in W.P.(C.) No.32519 of 2003 and they were allowed to go along with respondent No.2. Petitioner states that he is not in any way involved in the case and that the Police has submitted Annexure-II, report stating that the case is undetected. Petitioner wants Annexures-I and II, FIR and the report to include the case in the list of undetected cases to be quashed. I have heard learned Public Prosecutor also. 2. It is seen that the Police also submitted a report stating that Crl.MC No.810/2011 2 petitioner along with accused No.1 had taken the daughter of respondent No.2 aged about 14 years then, to various places outside the State and petitioner had sexual intercourse with her. Accordingly Sections 366A and 376 of the Code are also incorporated in Annexure-I, FIR. It is stated that since petitioner was not available and considering the future of accused No.1 and his sister, respondent No.2 (their father) was not co-operating with the case and investigation did not proceed further. It is accordingly that Annexure-II to include the case in the list of undetected cases was filed. 3. I do not find reason to interfere with Annexures-I and II. It is open to the petitioner to surrender before the appropriate authority so that further investigation of the case could be continued and appropriate conclusion reached by the Investigating Officer. Hence without prejudice to the course of petitioner surrendering before the appropriate authority, this petition is closed. THOMAS P.JOSEPH, Judge. cks