MANI M M Vs. STATE OF KERALA

JUDGEMENT

(1.) Common petitioner in the above three petitions, all of them filed under Section 482 of the Code of Criminal Procedure (for short "the Code"), is the District Secretary of a recognised political party viz., Communist Party of India (Marxist) [for short "CPI (M)"]. A speech delivered by the petitioner in a public meeting organised by the aforesaid party at Manacaud, Thodupuzha on 25-5-2012 has led to the registration of Crime No. 1196/12 for offences punishable under Sections 302, 109 and 118 of the Indian Penal Code against him. A copy of the video CD of his speech was received by the police and, after viewing it, the above crime was suo motu registered by the Sub Inspector of Police, Thodupuzha. Viewing of the CD disclosed that the petitioner in his speech had divulged information of his complicity in the commission of a series of murders of political activists which had taken place in the district from 1982 onwards, is the basis for the registration of the crime. Annexure I in Crl.M.C. No. 2081/12 is a copy of the FIR registered in the above crime. The aforesaid Crl.M.C. has been filed by the petitioner to quash Annexure A-1, FIR under Section 482 of the Code.

(2.) Pursuant to registration of Annexure A-1, FIR, the Superintendent of Police, Idukki moved applications, separately, in four crime cases previously registered over the murders of four activists of congress party in occurrences at different points of time and places, for further investigation of the respective crime in view of the revelations/disclosures made in the public speech of the petitioner. One among the four applications was filed before the Judicial Magistrate of the First Class, Adimali, informing of further investigation in Crime No. 2/83 of Rajakkad Police Station which related to the murder of one Mullacherial Mathai, an activist of Congress Party. After investigation, report was filed against some accused persons in that crime, and, after committal and trial, the case had ended in their acquittal. After moving an application under Section 173(8) of the Code in the aforesaid crime, further investigation of the crime is stated to be in progress. Another application was moved before the Judicial Magistrate, Peerumedu in Crime No. 206/04 of Peerumedu Police Station registered over the murder of one Balu, a congress activist. In that case, after trial, some of the accused had been convicted, and the rest were acquitted. Observing that no permission is required for conducting further investigation when new evidence is collected, recording the request made, the Magistrate has dismissed the petition. Further investigation in that crime is also stated to be in progress. The other two applications were filed for further investigation in two other crime cases before the Judicial Magistrate of the First Class, Nedumkandam. One among the applications related to Crime No. 118/82 of Santhampara Police Station over the murder of one Ancheri Baby, an activist of Congress Party, wherein the report filed after investigation of the crime, after committal and trial ended in acquittal of the accused persons. The other application was filed in Crime No. 65/83 of Santhampara Police Station registered over the murder of one Muttukadu Nanappan, an activist of Congress Party, in which case the report filed indicting some accused persons for murder of the aforesaid Nanappan after committal and trial ended in their acquittal. The Judicial magistrate before whom the aforesaid two applications were filed in the crimes referred to, passed a common order allowing the applications, but, with direction to file final report in the respective crime expeditiously. Crl.M.C. No. 2079/12 is against that common order passed by the Magistrate allowing the application for further investigation in Crime No. 65/83, and Crl.M.C. No. 2080/12, against the order allowing further investigation in Crime No. 118/82, both of Santhampara Police Station.

(3.) In all the three petitions the Superintendent of Police, Idukki, has filed separate statement repudiating the allegations and imputations made by the petitioner to assail Annexure A-1, FIR and the common order passed by the Magistrate permitting further investigation in two crimes.