Kerala High Court
Koyileriyan Krishnan vs State Of Kerala on 14 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
Monday, the 14th day of August 2023 / 23rd Sravana, 1945
CRL.M.APPL.NO.2/2023 IN CRL.REV.PET NO. 769 OF 2023
CRA 93/2015 OF ADDITIONAL DISTRICT AND SESSIONS COURT - II, THALASSERY
CC 174/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA
PETITIONER/REVISION PETITIONER:
KOYILERIYAN KRISHNAN, AGED 58 YEARS, S/O KOOKKIRIYAN, KOYILERIAN
(H), PARIYARAM P.O, TALIPARAMBA TALUK, KANNUR DISTRICT. NOW RESIDING
AT KOYILERIYAN (H), CHERUKUNNU AMSOM DESOM, CHERUKUNNU P.O, KANNUR
TALUK, KANNUR DISTRICT, PIN - 670301
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
Application praying that in the circumstances stated in the
affidavit filed therewith, the High Court be pleased to condone the delay
of 1897 days occasioned for filing the revision petition.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S. B.MUHAMMED SHAHEEL, R.N.SANDEEP, KEERTHI VIJAYAN, Advocates for
the petitioners, and of PUBLIC PROSECUTOR for the respondent, the Court
passed the following:
P.T.O.
BECHU KURIAN THOMAS, J.
========================
Crl.M.A.No.2 of 2023
in
Crl.R.P.No.769 of 2023
------------------------------------------------
Dated this the 14th day of August 2023
ORDER
This is an application to condone the delay of 1897 days in filing
this revision petition.
2. Petitioner was convicted for the offence under Section 409
of the Indian Penal Code, 1860 and has been sentenced to undergo
simple imprisonment for a period of one year and to pay a fine of
Rs.1,000/-.
3. Though the impugned judgment is dated 12.12.2018, this
revision petition has been preferred only on 24.07.2023. Petitioner
alleges that he had not received the information regarding the
pendency of the warrant against him due to the change of residence
and later, when he came to know about it, he could not engage a
counsel to file a revision petition due to financial stringency. Learned
Counsel for the petitioner submitted that, on 14.07.2023, petitioner
has been arrested and he has been in custody since then.
4. Learned Public Prosecutor opposed the application and
pointed out that the delay has not at all been explained and according
Crl.R.P.No.769/2023
to the affidavit, petitioner has not filed the revision petition, even
after becoming aware about the dismissal of the appeal and
therefore, the revision petition ought to be dismissed.
5. I have considered the rival contentions and also
perused the affidavit.
6. The delay in filing the revision petition is substantial
and the affidavit filed in support of the delay is not wholly
convincing. However, since the petitioner has already been
arrested and has been in custody for the last one month, I am of
the view that a lenient view can be adopted and the delay be
condoned by imposing costs.
7. In the circumstances, the delay of 1897 days in filing
this criminal revision petition shall stand condoned on condition
that petitioner pays an amount of Rs.5,000/- (Rupees Five
thousand only) to the Kerala District Legal Services Authority.
Post the revision petition for admission after payment of
costs.
Sd/
BECHU KURIAN THOMAS
JUDGE
jm/
Crl.R.P.No.769/2023
Corrigendum dated 16.08.2023
The words 'Kerala District Legal Services Authority'
appearing in Paragraph 7 of the order shall stand corrected and
read as 'Kerala State Legal Services Authority'.
Sd/
BECHU KURIAN THOMAS
JUDGE
jm/
14-08-2023 /True Copy/ Assistant Registrar
