Sangeetha vs the State of Kerala Represented by the Public Prosecutor

Sangeetha vs The State of Kerala Represented by the Public Prosecutor

Type Court Judgment Court Kerala Decided Aug 01, 2023

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https://sooperkanoon.com/case/1378269

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Citation: sooperkanoon.com/1378269
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Aug 01, 2023
Case Number: Crl.MC/6065/2023

Parties & Advocates

Appellant / Petitioner

Sangeetha

Respondent

The State of Kerala Represented by the Public Prosecutor

Excerpt

.....(poa) amendments, 2015.2. on the failure of the petitioners to appear before the learnedsessions judge on 04.07.2023, coercive proceedings have been initiated. the petitioners contend that they are prepared to appear before the court below and co-operate with the proceedings. their prayer in this petition is for the issuance of directions to the learned sessions judge to consider their applications on the date of surrender itself.3. i have heard sri. sasith m.r, the learned counsel appearing for the petitioners and the learned public prosecutor.4. having regard to the facts and circumstances and the submissions made across the bar, this petition is disposed of by ordering as under: a) the petitioners shall surrender before the jurisdictionalcourt within two weeks from today. b) if applications for recalling the warrant and for grant of bail is preferred before the court with advance notice to the concerned prosecutor, the learned sessions judge shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.(c) in order to enable the petitioners to appear before the court below, coercive proceedings pending against the petitioners shall be kept in abeyance for a period of two weeks. sd/- raja vijayaraghavan v judge sma appendix of crl.mc 6065/2023 petitioner annexures :- annexure a1 true copy of the order in crl.mp no.65/2021 before the hon'ble special judge, special court for sc/st(poa) act cases, kottarakkara dated 26.03.2021 annexure a2 the true copy of the daily proceedings in s.c.no.1128/2017 before the hon'ble special judge, special court for sc/st(poa) act cases, kottarakkara

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 AGAINST THE ORDER IN SC NO.1128/2017 OF SPECIAL COURT- OFFENCES UNDER SC/ST (POA) ACT,1989, KOTTARAKKARA
PETITIONERS/ACCUSED NOS.1 & 3 :- 1 SANGEETHA D/O NALINI, DAYA BHAVAN, BHARATHIPURAM P.O., POOVANATHUMUKKU, THINKALKARIKOM VILLAGE, PUNALUR, KOLLAM DISTRICT, PIN - 691312 2 SADAN D.N LEKSHMI VILASOM, VILLUMALA P.O., ANPATHEKKAR, KULATHUPUZHA, PIN - 691310 BY ADV M.R.SASITH RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER KULATHUPUZHA POLICE STATION, KOLLAM DISTRICT,, PIN - 691310 BY SRI.T.R.RENJITH, SR.PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioners herein are the accused Nos.1 to 3 in S.C.No.1128 of 2017 on the file of the Special Court for SC/ST (Prevention of Atrocities Cases), Kottarakkara. In the aforesaid case, they are accused of having committed offense punishable under Sections 1447, 294(b), 323, 324 r/w Section 34 of the IPC and Section 3(1)(r) & 3(2)(va) of the SC/ST (POA) Amendments, 2015.

2. On the failure of the petitioners to appear before the learned

Sessions Judge on 04.07.2023, coercive proceedings have been initiated. The petitioners contend that they are prepared to appear before the court below and co-operate with the proceedings. Their prayer in this petition is for the issuance of directions to the learned Sessions Judge to consider their applications on the date of surrender itself.

3. I have heard Sri. Sasith M.R, the learned counsel appearing for the petitioners and the learned Public Prosecutor.

4. Having regard to the facts and circumstances and the submissions made across the bar, this petition is disposed of by ordering as under: a) The petitioners shall surrender before the jurisdictional

court within two weeks from today. b) If applications for recalling the warrant and for grant of bail is preferred before the court with advance notice to the concerned prosecutor, the learned Sessions Judge shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.

(c) In order to enable the petitioners to appear before the court below, coercive proceedings pending against the petitioners shall be kept in abeyance for a period of two weeks. Sd/- RAJA VIJAYARAGHAVAN V JUDGE SMA APPENDIX OF CRL.MC 6065/2023 PETITIONER ANNEXURES :- Annexure A1 TRUE COPY OF THE ORDER IN CRL.MP NO.65/2021 BEFORE THE HON'BLE SPECIAL JUDGE, SPECIAL COURT FOR SC/ST(POA) ACT CASES, KOTTARAKKARA DATED 26.03.2021 Annexure A2 THE TRUE COPY OF THE DAILY PROCEEDINGS IN S.C.NO.1128/2017 BEFORE THE HON'BLE SPECIAL JUDGE, SPECIAL COURT FOR SC/ST(POA) ACT CASES, KOTTARAKKARA

Same Court & Year Kerala · 2023 Same Parties Sangeetha vs The State of Kerala Represented by the Public Pr... Same Judge Honourable Mr. Justice Raja Vijayaraghavan V