Suresh Vs. State of Kerala

Suresh vs State of Kerala

Type Court Judgment Court Kerala Decided Oct 01, 2014

~3 min read

https://sooperkanoon.com/case/1165241

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1165241
Court: Kerala High Court
Judge: Honourable Mr. Justice a.Hariprasad
Decided On: Oct 01, 2014
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

Suresh

Respondent

State of Kerala

Excerpt

.....for bail under sec.439 of cr.p.c.2. petitioner is the 5th accused in s.c. no.664 of 2013 registered for offences punishable secs.120b, 143, 147, 148, 303, 324, 307 and 302 read with sec.149 of ipc, secs.3 and 5 of the explosive substances act and sec.27 of arms act.3. prosecution case is that the petitioner is a member in a goonda gang, involved in more than two dozen cases. he was released on bail earlier and then absconded. he was nabbed in connection with another case involving an offence under sec.302 ipc.4. heard the learned counsel for the petitioner and the learned public prosecutor.5. this court considered his bail plea as per order in b.a. no.7683 of 2013 dated 19.11.2013. finding that the petitioner is not entitled to get bail, this court issued certain directions for speedy trial of the case. bail appl. no.6079 of 2014 2 later on, he moved this court again with b.a. no.3153 of 2014 which was dismissed on 23.05.2014.6. learned counsel for the petitioner submitted that the court of the 1st additional sessions judge, thiruvananthapuram is crowded with other matters and the court will not be able to take up the case for trial in the near future. therefore, the learned counsel requested that the principal sessions judge, thiruvananthapuram be directed to make over the case to any other additional sessions court for a speedy trial.7. it is also brought to the notice of this court that another accused has filed a revision before this court under sec.401 of cr.p.c. which is pending consideration. the order of stay will not affect the trial of this case, according to the counsel for the petitioner.8. considering the nature of allegations against the petitioner and gravity of offences involved , i am of the view that the petitioner is not entitled to get bail pending trial of this case. therefore, following directions are issued. bail appl. no.6079 of 2014 3 in case the principal sessions judge, thiruvananthapuram feels that no speedy trial is possible.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD WEDNESDAY, THE1T DAY OF OCTOBER20149TH ASWINA, 1936 Bail Appl..No. 6079 of 2014 () ------------------------------- CRIME NO. 51/2007 OF PETTAH POLICE STATION , THIRUVANANTHAPURAM DISTRICT ------------- APPLICANT/ACCUSED NO.5:- ---------------------------------------------- SURESH, AGED37YEARS, S/O.SREENIVASAN, THEKKEVILAKATTHU VEEDU, STATION KADAVU,KULATHOOR, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.THOMAS J.ANAKKALLUNKAL RESPONDENT/COMPLAINANT:- ------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY SR PUBLIC PROSECUTOR SRI.C.RASHEED THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0110-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts A. HARIPRASAD, J.

------------------------------ Bail Appl. No.6079 of 2014 -------------------------------------------- Dated this the 1st day of October 2014 ORDER

Application for bail under Sec.439 of Cr.P.C.

2. Petitioner is the 5th accused in S.C. No.664 of 2013 registered for offences punishable Secs.120B, 143, 147, 148, 303, 324, 307 and 302 read with Sec.149 of IPC, Secs.3 and 5 of the Explosive Substances Act and Sec.27 of Arms Act.

3. Prosecution case is that the petitioner is a member in a goonda gang, involved in more than two dozen cases. He was released on bail earlier and then absconded. He was nabbed in connection with another case involving an offence under Sec.302 IPC.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. This Court considered his bail plea as per order in B.A. No.7683 of 2013 dated 19.11.2013. Finding that the petitioner is not entitled to get bail, this Court issued certain directions for speedy trial of the case. Bail Appl. No.6079 of 2014 2 Later on, he moved this court again with B.A. No.3153 of 2014 which was dismissed on 23.05.2014.

6. Learned counsel for the petitioner submitted that the Court of the 1st Additional Sessions Judge, Thiruvananthapuram is crowded with other matters and the Court will not be able to take up the case for trial in the near future. Therefore, the learned counsel requested that the Principal Sessions Judge, Thiruvananthapuram be directed to make over the case to any other Additional Sessions Court for a speedy trial.

7. It is also brought to the notice of this Court that another accused has filed a revision before this court under Sec.401 of Cr.P.C. which is pending consideration. The order of stay will not affect the trial of this case, according to the counsel for the petitioner.

8. Considering the nature of allegations against the petitioner and gravity of offences involved , I am of the view that the petitioner is not entitled to get bail pending trial of this case. Therefore, following directions are issued. Bail Appl. No.6079 of 2014 3 In case the Principal Sessions Judge, Thiruvananthapuram feels that no speedy trial is possible in the 1st Additional Sessions Court, Thiruvananthapuram, he shall withdraw this case from the Court of the 1st Additional Sessions Judge, Thiruvananthapuram and transfer the case to any other Additional Sessions Court where the trial can be taken up and completed within a period of six months. Application is disposed of as above. A. HARIPRASAD JUDGE NS

Same Court & Year Kerala · 2014 Same Parties Suresh vs State of Kerala Same Subject Land Acquisition Same Judge Honourable Mr. Justice a.Hariprasad