Dismissed

Alphonse @ Chellappan v. State of Kerala

Kerala HC26 May 2016Tr.P(Crl.)/36/2016

Case brief

AI extract

What is this about?

Single Judge transfer petition seeking shift of criminal trial to another court due to judicial-medical conditions was dismissed. Court noted trial scheduled soon and transfer would hinder routine work; applicant may apply for personal appearance exemption separately.

What did the court decide?

Prayer for transfer of criminal trial to another court was rejected; applicant invited to apply for personal appearance exemption.

Alphonse @ Chellappan Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

¶4

THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938

¶5

Tr.P(Crl.).No. 36 of 2016

¶6

SC.1668/2009 OF ADDITIONAL SESSIONS COURT - VI/ADHOC-III, , KOLLAM

¶7

PETITIONER(S)/ACCUSED NO.10:-:

¶8

ALPHONSE @ ACHAYAN @ CHELLAPPAN, AGED 67 YEARS, S/O.FRANCIS, MAYILAVILA VEEDU, KARYARA MURI, KANJIRAMALA, VILAKKUDY VILLAGE, PUNALUR, KOLLAM DISTRICT.

¶9

BY ADVS.SRI.C.C.THOMAS (SR.) SRI.NIREESH MATHEW

¶10

RESPONDENTS/COMPLAINANT & ACCUSED NOS.1, 2, 4 TO 9 AND 12 TO 15:-:

¶11

1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

¶12

2. ASOKAN @ KEEPALLIL ASOKAN, S/O.BHASKARAN, BHASKARAVILASOM VEEDU @ KEEPALLIL HOUSE, VETTIKAVALA VILLAGE, KOTTTARAKKARA, KOLLAM DISTRICT - 691 506.

¶13

3. SANTHOSHKUMAR @ CHANDU, S/O.KUMARAN, AKHIL NIVAS, NEAR VATTAPPARA, CHAKKUVARAKKAL VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT - 691 501.

¶14

4. SURESHKUMAR @ SURA, S/O.KOCHUKRISHNAN, EETTIVILATHAZHATHIL VEEDU @ EETTIVILAPADINJATTATHIL, NEDUVATHOOR MURI, PIDAVOOR VILLAGE, PATHANAPURAM, KOLLAM DISTRICT - 689 695.

.......2/-

..2..

Tr.P(Crl.).No. 36 of 2016

¶19

5. VELAPPAN @ VISHNU, S/O.BHASKARAPILLAI, VISHNU BHAVAN, NEAR PACHOOR LESKHAM VEEDU, KARIKKAMKUTTOAM, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT - 691 501.

¶20

6. BINU @ KOCHUMON, S/O.GOPALAKRISHNA PILLAI, KIZHAKKADATHU PUTHEN VEEDU, NADUKUNNU MURI, MELILA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT - 691 501.

¶21

7. SHABURAJ @ SHABU, S/O.DIVAKARAN, SABARI NIVAS, NEAR VETTIKKAVAL PANCHAYATH OFFICE, KARIKKAMUTTAM MURI, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT - 691 501.

¶22

8. PRAKASH @ APPAN, S/O.JANARDHANAN PILLAI,

¶23

REVATHU BHAVAN @ CHARUVILA PUTHEN VEEDU, NEAR VETTIKKAVAL PANCHAYATH OFFICE, KARIKKAMUTTOM, VETTIKKAVALA VILLAGE, KOTTARAKKARA, KOLLAM DISTRICT - 691 501.

¶24

9. KRISHNAKUMAR @ AJI,

¶25

S/O.RAMACHANDRANUNNITHAN, PUTHIYAVEEDU, NADUTHERI MURI, THALAVOOR VILLAGE, KUNNIKKODU, PUNALUR, KOLLAM DISTRICT - 691 305.

¶26

10. MOHANAN,

¶27

S/O.CHANDRAN, ARCHANA BHAVAN, PLANKONAM, MANIYAR MURI, PUNALUR VILLAGE, KOLLAM DISTRICT - 691 305.

¶28

11. NAVAS,

¶29

S/O.SULAIMAN, VAYALIL VEEDU @ EDATHARAPADINATTATHIL, VILAKKDUY MURI, VILAKKUDY VILLAGE, PUNALUR, KOLLAM DISTRICT - 691 305.

¶30

12. NOUSHAD, S/O.SULAIMAN, VAYALIL VEEDU, NEAR RAILWAY VILAKKUDY MURI, VILAKKUDY VILLAGE, PUNALUR, KOLLAM DISTRICT - 691 305.

¶31

13. EDISON MATHEW @ EDISON, S/O.MATHEW, VAROOR VEEDU, PERINGAKLOOR MURI, EDAMULAKKAL VILLAGE, AYOOR P.O., KOLLAM DISTRICT - 691 533.

¶32

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

¶33

THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 26-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶34

¶35

Tr.P(Crl.).No. 36 of 2016

¶36

APPENDIX

¶37

PETITIONER(S)' ANNEXURES

¶38

ANNEXURE A: PHOTOCOPY OF THE PETITION DATED 9/3/10 SUBMITTED BY THE DEPUTY SUPERINTENDENT CRIME DETACHMENT KOLLAM.

¶39

ANNEXURE B:ORGINAL OF THE MEDICAL CERTIFICATE DASTED 18/4/16 ISSUED FROM THE TALUK HEAD QUARTERS HOSPITAL, KOTTARAKKARA

¶40

RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

RAJA VIJAYARAGHAVAN.V., J

¶46

- - - - Transfer Petition(Crl). No. 36 of 2016

¶47

- - - - Dated 26^th May, 2016

¶48

¶49

ORDER

¶50

This petition is preferred seeking transfer of S.C.No.1668

¶51

of 2009 now pending before the VI Addl. Sessions Court (Ad hoc-III), Kollam to any other competent Court at Kollam.

¶52

The learned Senior Counsel appearing for the petitioner submitted that the petitioner is a person aged 67 years and is suffering from Intervertebral Disc Prolapse. It is submitted that on the basis of Annexure A filed by the Investigating Officer, the case was earlier transferred to the I Addl. Sessions Court. But later, consequent to the designation of the I Addl. Sessions Court as the Special Court under the POCSO Act, the case was transferred back.

¶53

A report was called for from the learned Sessions Judge. It is borne out that the trial is scheduled to commence from 1.7.2016. The Presiding Officer of the VI Addl. Sessions Court (Ad hoc-III), Kollam has expressed her preparedness to

¶54

Trp.(Crl) No. 36 of 2016 -2-

¶55

proceed with the trial of the case as per the schedule and by managing the space constraints. It is also reported that the transfer of the case at this stage will adversely affect the routine work of other Courts.

¶56

Having regard to the facts, I am of the view that this Court will not be justified in allowing the prayer of the petitioner. If any application is filed by the petitioner seeking exemption for his personal appearance, the same shall be considered by the learned Sessions Judge on merits and in accordance with law.

¶57

This petition is disposed of as above.

¶58

sd/- RAJA VIJAYARAGHAVAN.V., JUDGE

¶59

kp/-26.5.16

Alphonse @ Chellappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

Alphonse @ Chellappan v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ebi Alphonse Vs Renjith John

Manu Chandran Vs State of Kerala

Dilish John Vs State of Kerala

Muhammed Khalid Ansar @ Ansar Vs State of Kerala

Thomas K.G Vs Muhammed Nissar

Ratheesh Vs State of Kerala