Kerala High Court
Thomas, C.No.2148 vs State Of Kerala on 16 July, 2021
CRL.A No.811/2016 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.T.RAVIKUMAR
&
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Friday, the 16th day of July 2021 / 25th Ashadha, 1943
CRL.MA NO.1/2021 IN CRL.A NO. 811 OF 2016
SESSIONS CASE NO.200/2012 OF THE ADDL.SESSIONS COURT-1, ERNAKULAM.
PETITIONER/APPELLANT:
THOMAS, C.NO.2148 CENTRAL PRISON, VIYYUR, TRISSUR,C.NO.2148, AGED 31
YEARS, S/O.KANGNUAGE, PENITAPEN VILLAGE, PALEYWA TOWNSHIP,MYANMAR,
BURMA
RESPONDENT/RESPONDENT
1. STATE OF KERALA, THROUGH THE INSPECTOR OF POLICE,PALARIVATTOM POLICE
STATION,ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2. THE SECRETARY, MINISTRY OF HOME AFFAIRS, UNION OF INDIA, NEW DELHI-
PIN-110001.
3.CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, TRIVANDRUM,
PIN-695001.
Petition praying that in the circumstances stated therein the
High Court be pleased to direct the 2nd and 3rd respondents to act on the
directions made by this Hon'ble Court in Judgment dated 18.12.2019 in
Criminal Appeal No.811/2016 to deport the petitioner into Myanmar, as
expeditiously as possible at any rate within a time frame, fixed by this
Hon'ble Court, in the interest of justice.
This petition coming on for orders upon perusing the petition and
this Court's judgment dated 18.12.2019 and this court's order dated
09.04.2021 in Crl.MA.No.1/21 and upon hearing the arguments of SRI.MANJU
ANTONEY, Advocate for the petitioner and PUBLIC PROSECUTOR for the
respondents, the court passed the following.
(PTO)
CRL.A No.811/2016 2/3
C.T.RAVIKUMAR &
N.ANIL KUMAR, JJ.
------------------------------------
Crl.M.Appl.No.1 of 2021
in
Crl.A.No.811 of 2016
-------------------------------------
Dated 16th July, 2021
ORDER
N.Anil Kumar, J.
By judgment dated 18.12.2019 this Court found the
petitioner/accused not guilty for the offences punishable under Sections
324 and 302 of the Indian Penal Code and accordingly, he was
acquitted as provided under Section 335 Cr.P.C. read with Section 3(2)
(c) of the Foreigner's Act, 1946. Till deportation, he was directed to be
kept in safe custody in Central Prison, Viyyur.
2. Though an order was passed as early as on 18.12.2019
directing the Government to take appropriate action for deportation, we
are shocked to see that till date no action has been taken by the 2 nd and
3rd respondents to comply with the directions of this Court to deport the
petitioner/accused at the earliest. In view of the circumstances, it is
just and proper to direct the Superintendent, Central Prison, Viyyur to
get the petitioner/accused examined by a duly constituted Medical
Board and submit a report before this Court regarding his mental
condition.
CRL.A No.811/2016 3/3
Crl.M.Appl.No.1 of 2021 in
3. As per the judgment, this Court directed to afford
adequate medical treatment to the petitioner/accused until deported.
In view of the circumstances, the Superintendent, Central Prison,
Viyyur shall submit a special report as to whether the
petitioner/accused has been given adequate medical treatment and his
present condition along with the report of the Medical Board on or
before 22.7.2021. Post on 22.7.2021.
Registry is directed to send copies of this order to the
Superintendent of Central Prison, Viyyur and the District Medical Officer,
Thrissur.
Sd/-
C.T.RAVIKUMAR
Judge
Sd/-
N.ANIL KUMAR
Judge
TKS
16-07-2021 /True Copy/ Assistant Registrar
