NANAPPAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The earlier of the Original Petitions above mentioned is by the 3rd accused in Sessions Case No. 53 of 1968 and the other by the Ist accused in that case. They along with some others stood trial for offence punishable under S.395 of the Indian Penal Code, 1860 The points raised for consideration in Ext. P1 judgment in that case were:

(2.) As per Ext. P4 memo of charges dated 18-12-1969 the Superintendent of Railway Police levelled four charges against the petitioner in O.P. No. 3784 of 1974. According to the said charges the petitioner in that O. P. disobeyed the orders of the Security Officer of the Raj Bhavan by failure to go to the M. T. Stores attached to the Police Radio Unit for getting tyres; he unauthorisedly took the pilot van of the Raj Bhavan outside; he unauthorisedly carried certain persons in the aforesaid van; and he defaulted in writing up the daily diary relating to the said motor vehicle during the period 20-12-1967 to 23-12 1967.

(3.) As per Ext. P6 charge memo marked in O. P. No. 3094 of 1974, the same Police Superintendent levelled against the petitioner in that O. P. the following charges: He without permission of the Security Officer attached to the Raj Bhavan who was his Superior Officer left the premises of Raj Bhavan; he connectedly with the Head Constable, H 102 Nanappan Nair, who was the driver of the pilot van of the Raj Bhavan carried certain persons in the said van unauthorisedly; when the said van was unauthorisedly being taken out of the premises of Raj Bhavan by its driver Nanappan Nair, he (the petitioner in O.P. No. 3994 of 1974) travelled in the said van unauthorisedly.