P.D.Murali vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 10, 2021

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Citation: sooperkanoon.com/1615404
Court: Kerala High Court
Judge: Honourable Mr. Justice B.Sudheendra Kumar
Decided On: Feb 10, 2021
Case Number: CRL.A/2129/2011

Parties & Advocates

Appellant / Petitioner

P.D.Murali

Respondent

State of Kerala

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice b.sudheendra kumar wednesday, the 10th day of february 2021 / 21st magha,1942 crl.a.no.2129 of 2011(a) against the order/judgment in sc 18/2009 dated 01-12-2011 of special court (ndps act cases), thodupuzha appellant/s: p.d.murali, aged 44, s/o.divakaran, kudilil veettil, vazhappilly kara, vazhappilly east village, changanaserry taluk. by advs. sri.c.m.tomy sri.k.j.josemon sri.mathew skaria respondent/s: state of kerala, represented by the public prosecutor, high court of kerala, ernakulam. other present: smt. m. k. pushpalatha, sr.pp this criminal appeal having been finally heard on 10.02.2021, the court on the same day delivered the following: crl.a.no.2129 of 2011 -2-judgmenta copy of the report sent by fax by the excise inspector, changanasserry range has been handed over by the learned senior public prosecutor for my perusal, which would show that the appellant in this case died on 11.12.2011 while undergoing imprisonment in the central prison, viyyur. the photocopy of the death certificate would also show that the appellant died on 11.12.2011.2. even though the appellant died on 11.12.2011,nobody has come forward to contest the appeal. therefore, this criminal appeal stands abated and the appeal shall be consigned to the record room as held by the full bench of this court in pazhani v. state of kerala [2017 (1) khc 173]. the copy of the report submitted by the learned senior public prosecutor will form part of the records of this case. sd/- b. sudheendra kumar, judge stk

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942 CRL.A.No.2129 OF 2011(A) AGAINST THE ORDER/JUDGMENT IN SC 18/2009 DATED 01-12-2011 OF SPECIAL COURT (NDPS ACT CASES), THODUPUZHA APPELLANT/S: P.D.MURALI, AGED 44, S/O.DIVAKARAN, KUDILIL VEETTIL, VAZHAPPILLY KARA, VAZHAPPILLY EAST VILLAGE, CHANGANASERRY TALUK. BY ADVS. SRI.C.M.TOMY SRI.K.J.JOSEMON SRI.MATHEW SKARIA RESPONDENT/S: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. OTHER PRESENT: SMT. M. K. PUSHPALATHA, SR.PP THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 10.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A.No.2129 of 2011 -2-

JUDGMENT

A copy of the report sent by fax by the Excise Inspector, Changanasserry Range has been handed over by the learned Senior Public Prosecutor for my perusal, which would show that the appellant in this case died on 11.12.2011 while undergoing imprisonment in the Central Prison, Viyyur. The photocopy of the death certificate would also show that the appellant died on 11.12.2011.

2. Even though the appellant died on 11.12.2011,

nobody has come forward to contest the appeal. Therefore, this criminal appeal stands abated and the appeal shall be consigned to the record room as held by the Full Bench of this Court in Pazhani v. State of Kerala [2017 (1) KHC 173]. The copy of the report submitted by the learned Senior Public Prosecutor will form part of the records of this case. Sd/- B. SUDHEENDRA KUMAR, JUDGE STK

Same Court & Year Kerala · 2021 Same Parties P.D.Murali vs State of Kerala Same Judge Honourable Mr. Justice B.Sudheendra Kumar