Rajadathan Pillai @ ... vs State Of Kerala
2023 Latest Caselaw 13579 Ker

Kerala High Court

Rajadathan Pillai @ ... vs State Of Kerala on 21 December, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
       Thursday, the 21st day of December 2023 / 30th Agrahayana, 1945
            CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1324 OF 2023
         CC 259/1989 OF JUDICIAL FIRST CLASS MAGISTRATE, KAYAMKULAM
          CRA 259/2006 OF ADDITIONAL SESSIONS COURT-I, MAVELIKKARA
APPLICANT/REVISION PETITIONER:

     RAJADATHAN PILLAI @ RAJARATHANANPILLAI, AGED 64 YEARS, S/O
     REGHUNATHANPILLAI, THARAYIL HOUSE, KANDALLOOR THEKKUM MURI,
     KANDALLOOR VILLAGE NOW RESIDING AT PURACKAL, KARUKACHAL P.O,
     CHANGANASSERRY, KOTTAYAM DISTRICT, PIN - 686540.

RESPONDENTS/RESPONDENTS:

     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682031.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to condone the delay
of 6074 days in 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.T.P.PRADEEP, P.K.SATHEES KUMAR, R.K.PRASANTH, MINIKUMARY M.V & JIJO
JOSEPH, Advocates for the petitioner and of PUBLIC PROSECUTOR for the
respondent, the Court passed the following:
                             P.G. AJITHKUMAR, J.
                         .......................................
                         Crl.R.P.No.1324 of 2023
           ..................................................................
            Dated this the 21st day of December, 2023


                                      ORDER

It is a petition filed under Section 5 of the Limitation Act,

1963. There is a delay of 6074 days in filing the revision petition.

2. It is stated that in the affidavit filed in support of the

petition that the petitioner who is the sole breadwinner of his

family was working out of the state at the time of pronouncing the

judgment and he return, only on 15.09.2017. It is further stated

that after his returned he had to undergo medical treatment on

account of an accident for about an year. The COVID-19 onset

thereafter and in the said circumstances there occurred the delay.

3. Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

4. The delay is inordinate. Therefore, delay can not be

condoned in a routine manner. The petitioner is now in jail,

undergoing sentence as per the impugned judgment. He is now

aged 64 years. The learned Public Prosecutor opposes the petition

stating that the reasons mentioned in the affidavit cannot be said

sufficient considering the period of delay. However, considering

the fact that the petitioner has been in jail since 26.11.2023, his

age and the sufferings he had to go through during the period

owing to the injuries sustained in the accident, a lenient view is

liable to be taken.

5. Accordingly, this petition is allowed, on payment of a

cost of Rs.3,000/- (Rupess Three Thousand only) to the KELSA.

List tomorrow (22.12.2023).

Sd/-

P.G. AJITHKUMAR, JUDGE Dxy

21-12-2023 /True Copy/ Assistant Registrar