Kerala High Court
Kiran vs State Of Kerala on 6 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP(CRL.) NO. 18 OF 2024
AGAINST THE ORDER/JUDGMENT SC 251/2020 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - II, NORTH PARAVUR / I ADDITIONAL MACT,
NORTH PARAVUR
PETITIONER/4TH ACCUSED :
KIRAN, AGED 30 YEARS
S/O JOY, ARACKAL HOUSE, PALLIKAVALA,
KURUPPAMPADY, RAYAMANGALAM VILLAGE,
KUNNATHUNADU TALUK, ERNAKULAM DISTRICT - 683 545.
BY ADVS.
SHIBU VARGHESE
MINNU BABU
RESPONDENT/STATE & THE COMPLAINANT AND ACCUSED NO.1 TO 3 AND 5 TO
11 :
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 THE STATION HOUSE OFFICER
PERUMBAVOOR POLICE STATION,
PERUMBAVOOR, PIN - 683542
3 ABDUL RASHEED
AGED 38 YEARS
S/O ABOOBACKER, VELLEKKUDY HOUSE, CHEMPARAKKY,
VAZHAKKULAM VILLAGE, ERNAKULAM DISTRICT - 683547
4 LEO
AGED 23 YEARS
S/O VARGHESE, NEAR PANCHAYATH OFFICE, MUDAKKUZHA KARA,
VENGOOR WEST VILLAGE, NOW RESIDING AT THE HOUSE OF
SASIKUMAR, KEECHERIPPADY BHAGAM, RAYAMANGALAM VILLAGE,
PIN - 683545
5 AJITH
AGED 30 YEARS
S/O SURESH, PLACHERY HOUSE, MEKKAPALA BHAGAM,
ARUVAPPARA KARA, VENGOOR VILLAGE, KUNNATHUNADU TALUK,
ERANAKULAM DISTRICT, PIN - 683545
6 NIDHIN
AGED 32 YEARS
S/O RAJAN, MANJOORAN HOUSE, IDATHURUTH BHAGAM, VENGOOR
OP(CRL.) NO. 18 OF 2024
2
KARA, VENGOOR VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 683545
7 DEVANAND
AGED 26 YEARS
S/O ASOKAN, PEEDIKAKKUDY HOUSE,
NEAR PANCHAYATH STADIUM, KURICHILAKODE KARA,
KODANAD VILLAGE, KUNNATHUNADU TALUK,
ERANKULAM DISTRICT, PIN - 683544
8 LINTO
AGED 28 YEARS
S/O LIJO, MANAKUZHIYIL HOUSE,
NEAR SOCIETY BRIDGE, KRARIYELI KARA,
KOMBANAD VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAMD DISTRICT, PIN - 683546
9 SANDEEP
AGED 36 YEARS
S/O RAJAPPAN, VAZHAPPILLY HOUSE,
NEAR MOSCOW COLONY BHAGAM, KEEZHILLAM KARA,
PULLUVAZHY VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 683541
10 SUBIN
AGED 34 YEARS
S/O SUBRAMANIAN, KODUVELIPPADY HOUSE,
MAROTTICHODE BHAGAM, VAYKARA KARA,
RAYAMANGALAM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 683545
11 ABDUL RAZAK @ RAZU
AGED 33 YEARS
S/O KOYAN, UTHINATTU HOUSE, VALLAM
KUNNAKKATTUMALA BHAGAM, CHELAMATTOM,
CHELAMATTOM VILLAGE, KUNNATHUNADU TALUK,
ERNAKULAM DISTRICT, PIN - 683550
12 SUDHEER @ PANCHAYATH SUDHEER
AGED 46 YEARS
S/O USMAN, OORAKKADAN HOUSE,
KUNNAKKATTUMALA BHAGAM, VALLOM, CHELAMATTOM
VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM
DISTRICT, PIN - 683550
R1 & R2 BY ADV.SMT. SREEJA V. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 18 OF 2024
3
BECHU KURIAN THOMAS, J.
-----------------------------------------
O.P.(Crl) No. 18 of 2024
----------------------------------------
Dated this the 6th day of February, 2024
JUDGMENT
This original petition seeks for a direction to dispose of
S.C.No. 251 of 2020 before the Additional Sessions Court-II, North
Paravur in an expeditious manner, at any rate within two months.
2. When the matter came up for consideration, this Court
called for a report from the learned Session Judge. It has been
informed by a report dated 23-01-2024 that the case has been
posted for hearing under Section 227 of Cr.P.C and that,
considering the huge pendency of matters and the priority being
given to murder cases of the year 2018-2019, atleast, time till
31-12-2024 is necessary to dispose of the case which is the subject
matter of this original petition.
3. On an appreciation of the circumstances in the case, this
Court is of the view that a specific direction to dispose of a case of
the year 2020 cannot be issued, that too by overlooking the priory
of the cases registered prior to the present one. The Constitutional
Courts ought not to issue directions for speedy disposal of the cases
overlooking priority of other cases, unless any exceptional situation
OP(CRL.) NO. 18 OF 2024
exist in a particular case. No such situation exists in the instant
case.
4. Therefore, I do not find any reason to issue any specific
directions for a time-bound disposal of S.C.No.251/2020 before the
Additional Sessions Court-II, North Paravur. However, it will be
open to the petitioner to request the particular Court for a speedy
disposal, and in case any such request is made, dismissal of this
original petition shall not stand in the way of the learned Session
Judge in considering the grant of priority if the circumstances so
warrant.
With the above observations, this original petition is
dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AJM
OP(CRL.) NO. 18 OF 2024
APPENDIX OF OP(CRL.) 18/2024
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.4180/2017 OF PERUMBAVOOR
POLICE STATION DATED 05.10.2018
EXHIBIT P2 THE TRUE COPY OF THE INTELLIGENCE
ASSESSMENT REPORT ISSUED BY
KUSUMAGIRI MENTAL HEALTH CENTRE DATED
15.09.2010
EXHIBIT P3 THE TRUE COPY OF THE DISABILITY
CERTIFICATE ISSUED BY THE DISTRICT
MEDICAL BOARD ERNAKULAM DATED
22.10.2010.
EXHIBIT P4 THE TRUE COPY OF THE APPOINTMENT
ORDER ISSUED BY MAR ATHANASIUS
COLLEGE ASSOCIATION DATED 01.06.2023
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY//
PA TO JUDGE
