Crl.M.C.No.8409/24 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 27TH DAY OF FEBRUARY 2025 / 8TH PHALGUNA, 1946 CRL.MC NO. 8409 OF 2024 CRIME NO.488/2022 OF Attingal Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED IN CC NO.701 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,ATTINGAL PETITIONERS: 1 JIBIN T, AGED 29 YEARS S/O THOMAS V,CHERUVILA THAZHATHIL HOUSE KOLONNUR,EZHUKONE P O ,KOLLAM, PIN - 691505 2 THASNI C T, AGED 26 YEARS D/O V K THAJUDHEEN,VALIYAPARAMBU HOUSE,MATTANCHERRY P O,ERNAKULAM, PIN - 682002 BY ADV CHRISTINE MATHEW RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 Crl.M.C.No.8409/24 2 2 UDAYAPPAN, CONDUCTOR, KSRTC DEPOT, ERNAKULAM, PIN - 682011 BY ADV AKHIL SURESH, SC, KERALA STATE ROAD TRANSPORT CORPORATION KSRTC OTHER PRESENT: SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.02.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.M.C.No.8409/24 3 V.G.ARUN, J = = = = = = = = = = = = = = = = = Crl.M.C.No.8409 of 2024 = = = = = = = = = = = = = = = = = = Dated this the 27th day of February 2025 ORDER The petitioners are accused Nos.2 and 3 in C.C.No.701 of 2022 pending on the files of the Judicial First Class Magistrate-I, Attingal. The case originated from Crime No.488 of 2022 registered at the Attingal Police Station for offences punishable under Sections 294(b) read with 34 of IPC and Section 118(a) of the Kerala Police Act. The crime is registered on the allegation that at about 12:50 am on 02.05.2022, four women and a man boarded from Kallambalam in the KSRTC bus from Ernakulam to Trivandrum and thereafter, started abusing the de facto complainant and the passengers, thereby creating a riotous situation. 2. Learned counsel for the petitioners contended that, neither the de facto complainant nor the police have raised an allegation that the petitioners had boarded the bus in an Crl.M.C.No.8409/24 4 intoxicated state. Moreover, the certificates of examination do not even state that there was smell of alcohol. According to the counsel, the issue arose when the male passengers sitting in the seat reserved for women, refused to vacate the seat and verbally abused the 3rd accused. It is pointed out that finding merit in the challenge, this Court has already quashed the proceedings against the 1st accused as per Annexure 3 order. 3. Heard the learned Public Prosecutor also. 4. A perusal of Annexure 3 order shows that the learned single Judge, after considering all relevant aspects found that the ingredients necessary for attracting either Section 294(b) IPC or Section 118(a) of the Kerala Police Act are not made out. Having considered the facts and circumstances under which the crime was registered, I am in complete agreement with the findings in Annexure 3 order. In the result, the Crl.M.C is allowed. Annexure 2 final report in Crime No.488 of 2022 of Attingal Police Station and further proceedings thereon as against the petitioners in Crl.M.C.No.8409/24 5 C.C.No.701 of 2022 on the files of the Judicial First Class Magistrate-I, Attingal are quashed. sd/- V.G.ARUN, JUDGE sj Crl.M.C.No.8409/24 6 APPENDIX OF CRL.MC 8409/2024 PETITIONER ANNEXURES Annexure 1 CERTIFIED COPY OF THE FIR IN CRIME NO. 0488/2022 OF ATTINGAL POLICE STATION DATED 02/05/2022 Annexure 2 CERTIFIED COPY OF THE FINAL REPORT DATED 13/05/2022 IN CRIME NO. 0488/2022 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT FILED BEFORE THE JUDICIAL FIRST-CLASS MAGISTRATE-I, ATTINGAL DATED 13/05/2022 Annexure 3 TRUE COPY OF JUDGMENT IN CRL.M.C. 3168 OF 2024 DATED 13.06.2024