Sudarshan Vs. State of Kerala

Sudarshan vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 04, 2013

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https://sooperkanoon.com/case/1013518

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Citation: sooperkanoon.com/1013518
Court: Kerala High Court
Judge: Honourable Mr.Justice C.T.Ravikumar
Decided On: Feb 04, 2013
Subject: Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue: Criminal

Parties & Advocates

Appellant / Petitioner

Sudarshan

Respondent

State of Kerala

Excerpt

.....dated this the 4th day of february, 2013 order the petitioner is the second accused in c.c.no.16/2007 on the files of the court of the special judicial first class magistrate (marad cases), kozhikode. the offences alleged against the petitioner and his co-accused are punishable under sections 143, 147, 452, 427, 342, 323, 506(i) and r/w section 149 of indian penal code. in view of the order proposed to pass in this case, i do not think it necessary to deal with the contentions raised in this case in extenso. evidently, the petitioner was absconding and he surrendered before the trial court only pursuant to the order passed by this court in this miscellaneous case on 18.1.2013. the co-accused in c.c.16/2007 stood the trail and ultimately they were acquitted as per annexure b judgment. the learned counsel for the petitioner submits that in the said circumstances that it will be a only futile exercise to proceed with the trial as against the petitioner. the case against the petitioner is now pending before the trial court as l.p.104/2007. since it is evident that pursuant to to the crl.m.c.no. 106 o”2. order dated 18.1.2013 the petitioner surrendered before the trial court and moved an application for bail, definitely the case must have been refiled. in such circumstances, the trial court has to proceed with the trial against the petitioner, in accordance with law. the learned counsel for the petitioner submits that the petitioner may be permitted to move an application for discharge before the trial court. certainly, it will be open to the petitioner to move such an application before the trial court and in case the petitioner files such an application the same shall be considered by the trial court in accordance with law and appropriate orders shall be passed thereon. the criminal.m.c. is disposed of accordingly. sd/- c.t.ravikumar,judge. dlk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR MONDAY, THE 4TH DAY OF FEBRUARY 2013 15TH MAGHA 193 Crl.MC.No. 106 of 2013 () -------------------------- AGAINST THE JUDGMENT IN CC.16/2007 of SPL. COURT (NDPS ACT CASES), VADAKARA PETITIONER(S)/2ND ACCUSED: ------------------------------------- SUDARSHAN S/O. KARUNAKARAN, CHILANKA HOUSE, KOTTULI.P.O. KOZHIKODE. BY ADV. SRI.L.RAJESH NARAYAN COMPLAINANT(S)/COMPLAINANT: ----------------------------------------- STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-02-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 106 of 2013 () APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A: CERTIFIED COPY OF THE FIRST INFORMATION REPORT DATED 6 11.2004 ANNEXURE B: TRUE COPY OF THE JUDGMENT DATED 19 8.2008 IN C.C.NO.16/2007 ON THE FILES OF THE SPECIAL JUDICIAL FIRST CLASS MAGISTRATE (MARAD CASES), . RESPONDENT'S ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE. dlk C.T.RAVIKUMAR,J.

--------------------------- Crl.M.C.No. 106 of 2013 ------------------------------- Dated this the 4th day of February, 2013 ORDER

The petitioner is the second accused in C.C.NO.16/2007 on the files of the court of the Special Judicial First Class Magistrate (Marad Cases), Kozhikode. The offences alleged against the petitioner and his co-accused are punishable under Sections 143, 147, 452, 427, 342, 323, 506(i) and r/w Section 149 of Indian Penal Code. In view of the order proposed to pass in this case, I do not think it necessary to deal with the contentions raised in this case in extenso. Evidently, the petitioner was absconding and he surrendered before the trial court only pursuant to the order passed by this court in this Miscellaneous Case on 18.1.2013. The co-accused in C.C.16/2007 stood the trail and ultimately they were acquitted as per Annexure B judgment. The learned counsel for the petitioner submits that in the said circumstances that it will be a only futile exercise to proceed with the trial as against the petitioner. The case against the petitioner is now pending before the trial court as L.P.104/2007. Since it is evident that pursuant to to the Crl.M.C.No. 106 o”

2. order dated 18.1.2013 the petitioner surrendered before the trial court and moved an application for bail, definitely the case must have been refiled. In such circumstances, the trial court has to proceed with the trial against the petitioner, in accordance with law. The learned counsel for the petitioner submits that the petitioner may be permitted to move an application for discharge before the trial court. Certainly, it will be open to the petitioner to move such an application before the trial court and in case the petitioner files such an application the same shall be considered by the trial court in accordance with law and appropriate orders shall be passed thereon. The Criminal.M.C. is disposed of accordingly. Sd/- C.T.RAVIKUMAR,JUDGE. dlk

Same Court & Year Kerala · 2013 Same Parties Sudarshan vs State of Kerala Same Subject Criminal Same Judge Honourable Mr.Justice C.T.Ravikumar