Citation : 2023 Latest Caselaw 4945 Ker
Judgement Date : 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 13th day of April 2023 / 23rd Chaithra, 1945
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 892 OF 2019
S.C.No.377/2013 OF THE SESSIONS COURT,ALAPPUZHA
PETITIONER/APPELLANT/ACCUSED:
ANEESH , S/O BHUVANACHANDRAN, C.NO. 3243, CENTRAL PRISON AND
CORRECTIONAL HOME, POOJAPPURA, THIRUVANANTHAPURAM, AND RESIDED AT
CHERUPURAVELI VEEDU, PALLIPURAM, PANCHAYAT WARD 2, CHERTHALA.
RESPONDENT/RESPONDENT/COMPLAINANT:
1. STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. STATE OF KERALA , REPRESENTED BY ADV. C.V.LUMUMBA, DISTRICT GOV.
PLEADER & PUBLIC PROSECUTOR.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to hear the case
urgently for urgent interim orders or such final orders in the interest of
justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of ADV.LIJOY P VARGHESE,STATE BRIEF for the
petitioner and of PUBLIC PROSECUTOR for the respondents, the court passed
the following:
P.T.O
ALEXANDER THOMAS & ZIYAD RAHMAN A.A., JJ.
=================================
Crl.M.A No.1 of 2022,
Crl.M.A No.3 of 2022
&
Crl.M.A No.2 of 2022
in
Crl.Appeal No.892 of 2019
[arising out of the impugned judgment & sentence dated 17.01.2019
in S.C.No.377/2013 on the file of the Sessions Court, Alappuzha]
=================================
Dated this the 13th day of April, 2023
ORDER
Crl.M.A No.1 of 2022 & Crl.M.A No.3 of 2022
These are applications filed by the sole appellant/sole accused,
who has been convicted for the offence of rape and allied offences and
has been inter alia sentenced to undergo life sentence, etc., seeking
early hearing of the main Crl.Appeal.
2. It appears that LCR has been received by the Registry and
further that, this case has already been included in the weekly hearing
list. So, no further specific directions are required, except to order that
this case may be listed for final hearing in the weekly list commencing
from 05.06.2023
With these observations and directions, the above
Crl.Miscellaneous Applications will stand disposed of.
Crl.M.A No.1 of 2022, Crl.M.A No.3 of 2022 & Crl.M.A No.2 of 2022 in Crl.Appeal No.892 of 2019
Crl.M.A No.2 of 2022
This is an application for suspension of the impugned sentence.
The main Crl.Appeal has already been listed in the hearing list. Further,
today we have specifically ordered that this case may be again included
in the weekly hearing list commencing on 05.06.2023, after the summer
holidays.
2. The above Crl.M.A No.2/2022 was filed as early as on
05.08.2022 and was not thereafter moved for orders. Now that the case
has already been listed in the hearing list, this plea need not be
entertained hereafter. No further directions are called for.
With these observations and directions, the above
Crl.Miscellaneous Application will stand disposed of.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
ZIYAD RAHMAN A.A, JUDGE vgd
13-04-2023 /True Copy/ Assistant Registrar
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