The Court allowed the petitioner's challenge to a condition imposed by the Sessions Court. It modified the condition by directing the petitioner to deposit Rs. 1,00,000/- before the court below.
Modification of Condition No.1 by directing the petitioner to deposit Rs. 1,00,000/- before the court below within two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937
Crl.MC.No. 1895 of 2014 ()
CRL.M.P. 578/2014 of SESSIONS COURT, KOLLAM
ST 96/2011 of CHIEF JUDICIAL MAGISTRATE’S COURT, KOLLAM
PETITIONER/PETITIONER/ACCUSED:
MERCY CHANDRAN, AGED 52 YEARS, W/O.LATE RAMACHANDRAN, LEKSHMI NIVAS, DURGA NAGAR, KOTTAKKAKAM, KOLLAM WEST VILLAGE, CUTCHERRY P.O., KOLLAM.
BY ADV. SRI.BIJU .C. ABRAHAM
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. A.C.SUNNY, S/O.A.I.CHERUKUTTY, ARIMBUR HOUSE, HOUSE NO.100, VISHANTHUKAVU NAGAR, THIRUMULLAVARAM P.O., KOLLAM WEST VILLAGE, FROM ARIMBUR HOUSE, HOUSE NO.77, THEKKEVILA NAGAR, MUNDKKAL, KOLLAM-686 016.
R1 BY PUBLIC PROSECUTOR SMT.MAYA
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DSV/21/10/15
Crl.MC.No. 1895 of 2014 ()
APPENDIX
PETITIONER’S ANNEXURES:
ANX-1 COPY OF THE JUDGMENT DATED 8.4.2013 IN ST NO.96/2011 OF THE CHIEF JUDICIAL MAGISTRATE’S COURT, KOLLAM.
ANX-2 COPY OF THE ORDER DATED 1.3.2014 IN CRL.M.P.NO.578/2014 IN CRL.APPEAL NO.76/2014 OF THE COURT OF THE SESSIONS JUDGE, KOLLAM.
RESPONDENTS’ ANNEXURES:
NIL
// True Copy //
P.A. To Judge
DSV/21/10/15
B.KEMAL PASHA, J.
======================
Crl.M.C. No. 1895 of 2014
=======================
Dated this the 16th day of October, 2015
O R D E R
Heard the learned counsel for the petitioner.
Crl.M.C. No.1895 of 2014
2
before the court below within a period of two months from today.
With the said modification, this Crl.M.C. is disposed of
accordingly.
Sd/-
B.KEMAL PASHA JUDGE
DSV/16/10/15
// True Copy //
P.A. To Judge
1 issue framed by the court
Whether Condition No.1 imposed in the Sessions Court order can be modified by directing the petitioner to deposit Rs. 1,00,000/-.
MERCY CHANDRAN
STATE OF KERALA
A.C.SUNNY
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
