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Joy @ Mathai Vs. State of Kerala Rep by the Public Prosecutor

Joy @ Mathai vs State of Kerala Rep by the Public Prosecutor

Type Court Judgment Court Kerala Decided Jan 24, 2014
~4 min read
https://sooperkanoon.com/case/1127325

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Citation
Court
Kerala High Court
Judge
Decided On
Subject
Land Acquisition

Case Summary

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

Land Acquisition

Key legal issue
Land Acquisition

Parties & Advocates

Appellant / Petitioner

Joy @ Mathai

Respondent

State of Kerala Rep by the Public Prosecutor

Excerpt

.....dated this the 24th day of january 2014. order petitioner is the appellant in crl.appeal no. 426/2013 on the file of the court of sessions, kottayam. the appellate court suspended the sentence passed in s.t.no. 1/2013 on the file of the judicial first class magistrate court, vaikom and released him on bail on executing a bond for rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the trial court and to deposit 1/4th compensation amount within one month. aggrieved by the order copy of which is marked as annexure vii, the appellant preferred this crl.m.c petition seeking intervention of this court.2. it is submitted that the direction to deposit 1/4th compensation amount is causing serious prejudice and irreparable loss to the petitioner. according to him, the condition is unreasonable.3. it is submitted that the petitioner's wife is under treatment and that his property is under attachment in the suit filed by the complainant and that the petitioner is unable to deposit 1/4th compensation amount as ordered. in the circumstance, the crl.m.c. no.762/2014 :2. : petitioner pray to lift the condition to the extent the order imposed the condition of deposit of 1/4th of compensation amount.4. having regard to the facts and circumstance of the case, this court is inclined to modify the condition to deposit 1/4th of the compensation amount. accordingly, the condition to the extent the petitioner shall deposit 1/4th of the compensation amount is modified. the amount to be deposited shall be 1/5th of the compensation amount. the said amount shall be deposited within a period of one month from today. petitioner is at liberty to move the court below for speedy disposal of the appeal. the crl.m.c is disposed of as above. sd/- harun-ul-rashid, judge. al/- true copy p.a to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID FRIDAY, THE24H DAY OF JANUARY20144TH MAGHA, 1935 Crl.MC.No. 762 of 2014 () -------------------------- CRL.M.P.NO.3809/2013 IN CRL.A. NO. 426/2013 OF SESSIONS COURT, KOTTAYAM ------------------------------ PETITIONER : -------------------- JOY @ MATHAI, AGED60YEARS S/O.ABRAHAM, KRATTAMAKIL HOUSE, PARAPPALLI ONAKKOOR P.O., PAMBAKUDA, ERNAKULAM DISTRICT. BY ADV. SRI.T.RAJESH RESPONDENTS : -------------------------- 1. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, COCHIN - 31.

2. MATHEW S/O.CHACKO, MADATHIKUNNEL CHIRAPURATH, ARUNNOOTTIMANGALAM.P.O., MULAKKULAM, VAIKOM TALUK, PIN - 686 604. R1 BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2401-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 762 of 2014 () ----------------------------------- APPENDIX PETITIONERS' ANNEXURES : ------------------------------------------- ANNEXURE I- A TRUE COPY OF THE COMPLAINT IN S.T.NO.1 OF 2013 OF THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM. ANNEXURE II- A TRUE COPY OF THE ORDER

IN CMP NO.853/2013 IN S.T.NO.1 OF2013 ANNEXURE III- A TRUE COPY OF THE ORDER

PASSED BY LEARNED MAGISTRATE CONVICTING THE PETITIONER. ANNEXURE IV- A TRUE COPY OF THE ATTACHMENT PETITION IN O.S.NO.119/2013 FILED AS AI.A.NO.949/2013. ANNEXURE V- A TRUE COPY OF ATTACHMENT ORDER

PASSED BY THE LEARNED SUB JUDGE MUVATTUPUZHA. ANNEXURE VI- A TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BEFORE THE SESSIONS COURT KOTTAYAM. ANNEXURE VII- A TRUE COPY OF THE ORDER

IN CRL.M.P.NO.3809/2013 IN CRL.NO.426/2013 DATED2012.2013 OF THE LEARNED SESSIONS JUDGE, KOTTAYAM. ANNEXURE VIII- A TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE LAKESHORE HOSPITAL DATED41.2014. ANNEXURE IX- THE TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR LIFTING THE CONDITION REGARDING THE DEPOST14TH AMOUNT. ANNEXURE X- A TRUE COPY OF THE ADVANCE PETITION SUBMITTED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS : NIL ----------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn HARUN-UL-RASHID, J.

--------------------------- Crl.M.C. No.762 of 2014 -------------------------- Dated this the 24th day of January 2014. ORDER

Petitioner is the appellant in Crl.Appeal No. 426/2013 on the file of the Court of Sessions, Kottayam. The appellate court suspended the sentence passed in S.T.No. 1/2013 on the file of the Judicial First Class Magistrate Court, Vaikom and released him on bail on executing a bond for Rs. 25,000/- with two solvent sureties each for the like sum to the satisfaction of the trial court and to deposit 1/4th compensation amount within one month. Aggrieved by the order copy of which is marked as Annexure VII, the appellant preferred this Crl.M.C petition seeking intervention of this Court.

2. It is submitted that the direction to deposit 1/4th compensation amount is causing serious prejudice and irreparable loss to the petitioner. According to him, the condition is unreasonable.

3. It is submitted that the petitioner's wife is under treatment and that his property is under attachment in the suit filed by the complainant and that the petitioner is unable to deposit 1/4th compensation amount as ordered. In the circumstance, the Crl.M.C. No.762/2014 :

2. : petitioner pray to lift the condition to the extent the order imposed the condition of deposit of 1/4th of compensation amount.

4. Having regard to the facts and circumstance of the case, this Court is inclined to modify the condition to deposit 1/4th of the compensation amount. Accordingly, the condition to the extent the petitioner shall deposit 1/4th of the compensation amount is modified. The amount to be deposited shall be 1/5th of the compensation amount. The said amount shall be deposited within a period of one month from today. Petitioner is at liberty to move the court below for speedy disposal of the appeal. The Crl.M.C is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A to Judge

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