COMMODORE COMMADING OFFICER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner, who is the Commodore Commanding Officer, INS Venduruthy, Naval Base, Kochi and who was the applicant in CMP No. 231/2007 before the J. F. C. M-I, Ernakulam in a petition filed under Section 475 Cr. P. C, challenges the order dated 14. 1. 08, dismissing the said petition which originated in the form of a letter dated 14. 1. 08 addressed to the learned Magistrate.

(2.) THREE of the accused persons in Crime No. 39/2008 of Harbour Police Station are serving officers of the Indian Navy and it was in respect of those three officers that the above request was made before the learned Magistrate.

(3.) THE case of the prosecution in Crime No. 39/2008 of Harbour Police Station can be summarized as follows: on 10. 01. 08, at about 11 p. m. , 100 persons including the three Naval Officers formed themselves into an unlawful assembly in the compound of the Harbour Police Station and in prosecution of the common object of the said assembly they committed rioting armed with deadly weapons such as iron rod, granite stones etc. After entering the Police Station compound, they attempted to murder one Police Constable by beating him with an iron rod on his head. They also caused grievous hurt to another Police Constable by pelting stones. The accused also dismantled and damaged the windows of the Station House, wireless set, police jeep etc. by pelting stones. The accused have thereby committed offences punishable under sections 143, 147, 148, 452, 307, 326, 427 read with 149 IPC and Section 3 of the Prevention of Destruction of Public Property Act.