Surendra Babu vs State Of Kerala
2023 Latest Caselaw 5263 Ker

WP(Crl.) No.98/2022                       1/3

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
            Thursday, the 20th day of April 2023 / 30th Chaithra, 1945
                    IA.NO.1/2023 IN WP(CRL.) NO. 98 OF 2022(S)
   PETITIONER/3RD RESPONDENT:

           VELLAPPALLY NATESAN, S/O KESAVAN, VELLAPPALLIL HOUSE,
           KANICHUKULANGARA P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688 582.

   RESPONDENT/PETITIONER & RESPONDENTS 1 & 2:

       1. SURENDRA BABU, AGED 75 YEARS, S/O.PARAMU, CHAITHANYA, N.T.V. NAGAR,
          HOUSE NO.9, KADAPPAKADA P.O., KOLLAM-691 008.
       2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
       3. ADDITIONAL DIRECTOR GENERAL OF POLICE, CRIME BRANCH HEADQUARTERS,
          THIRUVANANTHAPURAM-695 036.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to clarify the
   Judgment dated 11th April, 2023 in W.P.(Crl.) No.98/2020 that the
   direction to conduct the trial of C.C. 50/2020 based on the final report
   produced as Ext.P4 includes disposal of petition under Section 239
   Cr.P.C.(Crl.M.P.No.2276/202l) after considering the facts and
   circumstances and that the petitioner shall be permitted to appear after
   the disposal of Section 239 petition only if so required.
        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof,this Court's Judgment dated
   11.04.2023 and upon hearing the arguments of SRI.P.VIJAYABHANU (SENIOR
   ADVOCATE) a/w M/S. A.N.RAJAN BABU & A.R.EASWAR LAL, Advocates for the
   petitioner in IA/R3 in WP(Crl), SRI.D. ANIL KUMAR, Advocate for R1 in
   IA/petitioner in WP(Crl) and of SRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR
   for R2 & R3 in IA/R1 & R2 in WP(Crl), the court passed the following:

                                                                P.T.O.
 WP(Crl.) No.98/2022                              2/3




                        ZIYAD RAHMAN A.A, J.
                    ----------------------------
                            I.A.NO.1/2023
                                  IN
                        W.P.(Crl) No.98/2022
                   ------------------------------
               Dated this the 20th day of April, 2023

                                          O R D E R

It is clarified that, the directions contained in

the judgment would not preclude the accused from

invoking his statutory rights available, by

submitting appropriate petitions before the trial

court.

Sd/-

                                                              ZIYAD RAHMAN A.A
                                                                         JUDGE
             rkr-20/04/23




20-04-2023                         /True Copy/                              Assistant Registrar
 WP(Crl.) No.98/2022                    3/3

APPENDIX OF WP(CRL.) 98/2022 Exhibit P4 TRUE COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE IN CC NO. 50/2020 ON THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM (CRIME NO.727/2004 OF KOLLAM EAST POLICE STATION.

20-04-2023 /True Copy/ Assistant Registrar