IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 Crl.MC.No. 254 of 2008() ------------------------ CC.1044/2006 of JUDL.MAGISTRATE OF FIRST CLASS-I, KOTTARAKKARA .................... PETITIONER: ACCUSED NO.4: ------------------------- PUSHPANGATHAN, PUTHUPARAMBIL HOUSE, KURUCHY VILLAGE, KURUCHY KARA, KOTTAYAM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: COMPLAINANT: ------------------------------------ SUB INSPECTOR OF POLICE, KOTTARAKKARA POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY ADV.SRI. V.T.K. MOHANAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/01/2008, ALONG WITH CRL.M.C NO.260 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. Nos.254 & 260 of 2008 ========================== Dated this the 30th day of January, 2008. O R D E R The common petitioner in these petitions is the 1st accused in C.C. No. 1043/2006 and the 4th accused in C.C. No. 1044/2006 on the file of the Judicial First Class Magistrate-I, Kottarakkara. C.C. No. 1043/2006 arose out of Crime No. 885/2004 of Kottarakkara Police Station registered for offences punishable under Sections 457, 511 of 380, 120(b) and 109 r/w Section 34 IPC. C.C. No. 1044/2006 arose out Crime No. 884/2004 of Kottarakkara Police Station registered for offences punishable under Sections 457, 511 of 380 and 120(b) r/w Section 149 IPC. 2. According to the petitioner, he has been falsely implicated by the police on the basis of the alleged confession statement made by one Peter who is the 1st accused in Crime No. 884/2004 and on the basis of the alleged confession statement made by the petitioner herein in Crime No. 885/2004 both made to the Circle Inspector of Police, Changanacherry during the investigation of two crimes registered as Crime Nos. 321/2004 CRL. M.C. NO. 254 & 260 of 2008 : 2: and 327/2004 of Chingavanom Police Station. The petitioner would have it that as per the confession statement in Crime No. 321/2004, the petitioner herein, Peter (the person who allegedly made the confession) and others had gone to Kottarakkara in a Maruthi car on 26.12.2003 and had made an unsuccessful attempt to break open the door of Sri. Hanumanswamy temple at Puthoor, but the investigation conducted by the police has not resulted in the collection of any evidence of attempt to break open the door of the said temple. Similarly, the petitioner would contend that his own alleged confession in Crime No.327/2004 of Chingavanom Police Station is that on his instigation the other accused in the case went to Kottarakkara in January, 2004 and made an attempt to break open the door of the very same temple at Puthoor. It is the case of the petitioner that no investigation worth its name has been conducted to show that the aforesaid statement made by the petitioner was true in which case alone it may fall under Section 27 of the Evidence Act, so as to become a reliable piece of corroborative evidence. Crime Nos.321/2004 and 327/2004 of Chingavanom Police Station are CRL. M.C. NO. 254 & 260 of 2008 : 3: stated to have been transferred to Kottarakkara Police Station and re-registered as crime Nos. 884 and 885 of 2005 referred to earlier. 3. It is too early to consider the truth or otherwise of these aspects at this stage of the proceedings. Admittedly, the Judicial First Class Magistrate-I, Kottarakkara has not framed charges against the petitioner. Hence, the petitioner can advance all his arguments at the time of hearing before the Magistrate under Section 239 Cr.P.C and can seek to get an order of discharge from the Magistrate. Hence, these Crl. M.Cs are disposed of without prejudice to the right of the petitioner to plead for a discharge at the time of hearing under Section 239/240 Cr.P.C before the Magistrate. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 254 & 260 of 2008 : 4: