Disposed

Sivan v. Sujith

Kerala HC25 Feb 2016Crl.MC/923/2016

Case brief

AI extract

What is this about?

Kerala HC considered a criminal appeal where the matter was amicably settled between accused and complainants. While court noted the settlement, it refused premature termination of prosecution due to habitual offender status of the first accused, directing the lower court to dispose of the case expeditiously.

What did the court decide?

Case disposed with direction to lower court to note settlement and dispose expeditiously; original affidavits returned to counsel.

Sivan Vs Sujith — Criminal Trial and Appeal | Kerala HC (2016)

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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 B.KEMAL PASHA

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THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937

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Crl.MC.No. 923 of 2016

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SC 581/2014 OF ADDL. SUB COURT, PALAKKAD CRIME NO. 9/2014 OF CHITTUR POLICE STATION, PALAKKAD

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PETITIONER(S)/ACCUSED 1-7:

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1. SIVAN, AGED 33 YEARS, S/O.VEERAPANDARAM, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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2. SIVAKUMAR, AGED 35 YEARS, S/O.BALAKRISHNAN, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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3. KARTHIKEYAN, AGED 32 YEARS, S/O.VELAYUDHAN, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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4. GURUVAYOORAPPAN, AGED 45 YEARS, S/O.ANTHAPANDARAM, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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5. MANIKANDAN, AGED 24 YEARS,

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S/O.VISWANATHAN, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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6. KESAVANKUTTY, AGED 38 YEARS, S/O.KRISHNAN, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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7. SANTHOSH, AGED 20 YEARS, S/O.RAJENDRAN, AYYAMPATHY, THATHAMANGALAM, CHITTOOR, PALAKKAD DISTRICT.

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BY ADV. SRI.A.V.RAVI

msv/

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Crl.MC.No. 923 of 2016

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RESPONDENTS/DEFACTO COMPLAINANT/INJURED PERSONS AND STATE OF KERALA:

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1. SUJITH, AGED 24 YEARS,

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S/O.MANI, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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2. DILEEP KUMAR, AGED 28 YEARS,

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S/O.ARUMUGHAN, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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3. SUJITH, AGED 28 YEARS,

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S/O.NATARAJAN, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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4. MUKESH, AGED 25 YEARS,

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S/O.KARUPPASWAMY, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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5. KRISHNADAS, AGED 23 YEARS,

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S/O.MURUKESAN, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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6. RAJESH, AGED 25 YEARS,

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S/O.KRISHNAN, AYYAMPATHY, THATHAMANGALAM,

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CHITTOOR, PALAKKAD DISTRICT, PIN - 679 001.

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7. STATE OF KERALA,

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REPRESENTED BY THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA.

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R1-R6 BY ADV. SRI.K.RAVI (PARIYARATH) R7 BY PUBLIC PROSECUTOR SMT.P.MAYA

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-02-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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msv/

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Crl.MC.No. 923 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES:

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ANNEXURE 1: CERTIFIED COPY OF THE FIR IN CRIME NO.10/2014 OF THE CHITTOOR, POLICE STATION DT.1-1-14.

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ANNEXURE 2: COPY OF THE FINAL REPORT AND CHARGE 208/14 DT.26-3-2014.

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ANNEXURE 3: THE ORIGINAL AFFIDAVI SWORN IN BY THE 1ST RESPONDENT/ DEFACTO COMPLAINANT DT.30-11-2015.

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ANNEXURE 4: THE ORIGINAL AFFIDAVI SWORN IN BY THE 2ND RESPONDENT/ INJURED DT.30-11-2015.

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ANNEXURE 5: THE ORIGINAL AFFIDAVI SWORN IN BY THE 3RD RESPONDENT/ INJURED DT.30-11-2015.

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ANNEXURE 6: THE ORIGINAL AFFIDAVI SWORN IN BY THE 4TH RESPONDENT/ INJURED DT.30-11-2015.

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ANNEXURE 7: THE ORIGINAL AFFIDAVI SWORN IN BY THE 5TH RESPONDENT/ INJURED DT.30-11-2015.

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ANNEXURE 8: THE ORIGINAL AFFIDAVI SWORN IN BY THE 6TH RESPONDENT/ INJURED DT.30-11-2015.

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ANNEXURE 9: THE ORIGINAL AFFIDAVI SWORN IN BY THE 7TH RESPONDENT/ INJURED DT.30-11-2015.

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RESPONDENT(S)' ANNEXURES:

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

B. KEMAL PASHA, J.

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................................................................ CRL.M.C. No. 923 of 2016

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............................................................... Dated this the 25^th day of February, 2016

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O R D E R

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Petitioners are the accused in S.C.No.581/2014 of the Assistant Sessions Court, Palakkad, which has arisen from Crime No.9/2014 of the Chittoor Police Station, for the offences punishable under Sections 143, 147, 148, 341 323, 308 and 324 of the Indian Penal Code, read with Section 149 IPC.

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According to the petitioners, the matter has been amicably settled between them and the defacto complainant and the other injured persons, who are respondents 1 to 6.

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Respondents 1 to 6 have filed affidavits affirming that the matter has been amicably settled between them and the petitioners.

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CRL.M.C.No. 923 of 2016

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-: 2 :-

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At the same time, the learned Public Prosecutor

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has pointed out that the first accused is a habitual offender who has series of serious criminal antecedents on his part. He is involved in six other crimes also. Considering the said aspect, this Court is not in a position to permit premature termination of the prosecution against the petitioners in this case.

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The court below can take note of the fact that the matter has been settled between the parties and thereby the court below can take the case out of turn and dispose it of expeditiously.

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This Crl.M.C. is disposed of with the above observations. The Registry shall return Annexures A3 to A8 original affidavits to the learned counsel for the petitioners.

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Sd/- B. KEMAL PASHA, JUDGE.

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ul/-

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[True copy] P.S. to Judge

Sivan v. Sujith

Case brief

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What did the court decide?

Sivan v. Sujith

Case brief

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