V. SUDEVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are A2 to A5, A7 to A35, A37 to A39 and A41 to A43 in CC No.3931/2013 of the Judicial First Class Magistrate's Court, Chittur, based on Annexure-A1 final report in Crime No.27/2007 of Kollengode Police Station (CBCID Crime No.724/CR/11) .

(2.) The prosecution case is that on 03.02007 at 10 a.m., the accused had committed trespass into the building, which was allegedly taken on rent by the de facto complainant in Vel's Farm and smashed and destroyed the lock and bolt of the front door, thereby causing a wrongful loss of Rs. 650/-.

(3.) Even according to the de facto complainant, his claim over the building is as of a tenant as per a lease agreement. The learned counsel for the petitioners has pointed out that the title holders of the property filed OS No.348/2007 before the Munsiff's Court, Chittur against the de facto complainant, who is the 2 nd respondent herein, and the suit was ultimately decreed in favour of the plaintiffs, whereby the de facto complainant and his men were restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and reducing it into his possession or interfering with the peaceful possession and enjoyment of the plaintiffs. The suit is in respect of the building in question. Therefore, through Annexure-A2 judgment dated 04.10.2009, the de facto complainant has been restrained from committing trespass into the said building.