Allowed

Y.K.Anandhan v. State of Kerala and Others

Kerala HC21 Feb 2012Crl.Rev.Pet/43/2012

Case brief

AI extract

What is this about?

The High Court allowed the criminal revision petition. Upon confirmation that the compensation amount was deposited, the court set aside the conviction and sentence, acquitting the appellant under Section 320(8) Cr.P.C., and permitted withdrawal of the deposited fine.

What did the court decide?

Set aside conviction and sentence; revision petitioner acquitted under Section 320(8) Cr.P.C.; permission granted to withdraw deposited fine.

Y.K.Anandhan Vs State of Kerala and Others — Criminal Trial and Appeal | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933

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Crl.Rev.Pet.No. 43 of 2012 ( )

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CRA.NO. 238/2006 of ADDITIONAL SESSIONS COURT (ADHOC)-II, KALPETTA ST.NO. 2350/2006 of JUDICIAL FIRST CLASS MAGISTRATE COURT,SULTHAN BATHERY

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REVISION PETITIONER/APPELLANT/ACCUSED:

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Y.K.ANANDHAN, S/O. KANNAN, AGED 51 YEARS, YOGAYARKUDIL VEEDU, NOONAPATTA, VADAKARA TALUK.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENTS/RESPONDENTS/COMPLAINANT& STATE:

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. MATHEW, S/O. EALIYAS, ANAKADAN VEEDU, BEENACHI, SULTHAN BATHERY,(DIED) AND LEGAL HEIRS ARE: PIN: 673 592.

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3. SUSAN MATHEW, W/O. LATE MATHEW, ANAKADAN VEEDU, BEENACHI,SULTHAN BATHERY, PIN: 673 592.

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4. MANU MATHEW, S/O. LATE MATHEW, ANAKADAN VEEDU, BEENACHI,SULTHAN BATHERY, PIN: 673 592.

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5. ANU MATHEW, S/O. LATE MATHEW, ANAKADAN VEEDU, BEENACHI,SULTHAN BATHERY, PIN: 673 592.

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R1 BY SRI.T.R.RAJESH, PUBLIC PROSECUTOR R3-R5 BY SRI.T.K.SAJEEV

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THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 2102-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

CRRP.NO.43/2012

APPENDIX

PETITIONER'S ANNEXURE: NIL

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RESPONDENT'S ANNEXURE:

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ANNEXURE-A: RECEIPT FOR PAYMENT OF HALF OF THE FINE AMOUNT IN THE COURT OF THE HONOURABLE JUDICIAL FIRST CLASS MAGISTRATE-I, SULTHAN BATHERY.

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ANNEXURE-B: RECEIPT FOR PAYMENT OF RS. 90,000/- ISSUED BY THE 3RD RESPONDENT.

/TRUE COPY/

P.A. TO JUDGE

P.Bhavadasan, J.

==========================

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CR.RP No.43 of 2012-A

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==========================

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Dated this the 21^st February 2012

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Order

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In compliance with the order dated 01.02.2012, the

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amount as ordered by this court has been paid to the Kerala State Legal Services Authority. For reasons stated in the above said order, this revision petition is allowed. The conviction and sentence are set aside and the accused, who is the revision petitioner herein, stands acquitted of the offence, under Section 320(8) of Cr.P.C.

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The learned counsel for the revision petitioner submits that pursuant to the order of this court, the revision petitioner had deposited an amount of Rs.45,000/-. The learned counsel seeks permission of this court to withdraw the said amount. Permission is granted. The revision petitioner may be allowed to withdraw the above said amount on proper application.

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P.Bhavadasan, Judge.

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sta

Y.K.Anandhan v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

Y.K.Anandhan v. State of Kerala and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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