M.D Pathrose vs M.D Baby
2023 Latest Caselaw 7365 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
         TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                          CRL.L.P. NO.129 OF 2023

AGAINST THE JUDGMENT IN C.C. NO.237/2009 ON THE FILE OF THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II, PERUMBAVOOR.
PETITIONER/COMPLAINANT:

            M.D. PATHROSE,
            AGED 65 YEARS, S/O. DEVASSYY,
            MANIACHERI VEEDU,
            KUNNATHUNADU TALUK, KOOVAPPADY VILLAGE,
            AIMURY KARA, PIN-683 544.

            BY ADVS.
            P.CHANDRASEKHAR
            ANOOP KRISHNA
            ANAND SANKAR
            REGIMOL M.K.
            RANI MADHU


RESPONDENT/ACCUSED:

     1      M.D. BABY,
            AGED 57 YEARS, S/O. DEVASSY,
            MANIACHERI VEEDU,
            KUNNATHUNADU TALUK, KOOVAPPADY VILLEGE,
            AIMURI KARA, PIN-683 544.

     2      STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN-682 031.

    R1      BY ADVS.
            BOBY THOMAS
            WINSTON K.V(K/147/2010)

    R2      SRI. M.C. ASHI, PUBLIC PROSECUTOR

     THIS CRIMINAL LEAVE PETITION HAVING COME UP FOR ADMISSION ON
27.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  -2-
CRL.L.P. NO.129 OF 2023




                              ORDER

Dated this the 27th day of June, 2023

Crl.M.A. No.1 of 2023 is filed seeking to condone the

delay of 4008 days in filing the criminal appeal.

The ailments of the petitioner are projected as reasons

for the delay. Even though some medical records are

produced, I find it inadequate to condone the inordinate

delay of 4008 days. Therefore, despite the assertive

submissions of the learned Counsel for the petitioner, I am

not inclined to condone the delay. Hence, the petition for

condonation of delay is dismissed.

Sd/-

V.G. ARUN JUDGE bpr

CRL.L.P. NO.129 OF 2023

APPENDIX OF CRL.L.P. 129/2023

PETITIONER'S ANNEXURES

Annexure A1 TRUE COPY OF MEDICAL CERTIFICATE ISSUED FROM M.V. JOSEPH MEMORIAL HOSPITAL, PERUMBAVOOR DATED 23.12.2022

Annexure A2 TRUE COPY OF CERTIFICATE ISSUED BY DR. GOPAKUMAR R. DATED 24.12.2022

Annexure A3 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. SUNNY P. ORATHEL, MEDICAL SUPERINTENDENT DATED 18.02.2022

Annexure A4 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. SAJAN NARAYANAN DATED 16.02.2022

Annexure A5 TRUE COPY OF THE CERTIFICATE ISSUED BY DR. SOPHIA PHILIP DATED 25.07.2022