Naseema vs State Of Kerala
2024 Latest Caselaw 13677 Ker

Kerala High Court

Naseema vs State Of Kerala on 27 May, 2024

Author: P.B.Suresh Kumar

Bench: P.B.Suresh Kumar

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
                                     &
                THE HONOURABLE MRS. JUSTICE M.B. SNEHALATHA
            Monday, the 27th day of May 2024 / 6th Jyaishta, 1946
                CRL.M.APPL.NO.1/2018 IN CRA(V) NO. 15 OF 2024
    CRIME NO.166/2016 OF Kadakkavoor Police Station, Thiruvananthapuram
APPLICANT / APPELLANT:

     NASEEMA, AGED 56 YEARS, W/O.ZAKKIR HUSSIIN, MANAKKAD HOUSE, VAKKOM,
     THIRUVANANTHAPURAM.

RESPONDENT / RESPONDENT : ACCUSED

  1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
     ERNAKULAM-682 031.
  2. SATHEESH, AGED 24 YEARS, S/O.PRASANNAN, VALIYA VEEDU,
     MOONNALUMMOODU, VAKKOM, VAKKOM VILLAGE.
  3. SANTHOSH, AGED 25 YEARS, S/O.PRASANNAN, VALIYA VEEDU,
     MOONNALUMMOODU, VAKKOM, VAKKOM VILLAGE.
  4. VINAYAK @ UNNIKUTTAN, AGED 23 YEARS, S/O.SATHYAN, KOCHUVILAKOM
     VEEDU, NEAR DAIVAPPURA TEMPLE, VAKKOM VILLAGE.
  5. KRISHNAKUMAR @ VAVA, AGED 24 YEARS, S/O.ANILKUMAR, POTTUVILAKOM
     VEEDU, ANAYIL, VAKKOM VILLAGE.
  6. NITHIN @ MONUKUTTAN, AGED 27 YEARS, S/O.BABU, THUNDATHIL VEEDU, POST
     OFFICE ROAD, VAKKOM VILLAGE.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to grant leave to the
applicant/appellant to prefer appeal challenging the judgment dated
12.10.2017 in S.C No. 521/2016 passed by the Sessions Court,
Thiruvananthapuram, in the interest of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of NANDAGOPAL S.KURUP, Advocate for the petitioner and of RESMI NANDANAN,
Advocate for R4 and the PUBLIC PROSECUTOR for R1, the court passed the
following:




                                                                    p.t.o.
                    P.B.SURESH KUMAR & M.B.SNEHALATHA, JJ.
                          -----------------------------------------------
                             Crl. Appeal (V) No.15 of 2024
                          -----------------------------------------------
                       Dated this the 27th day of May, 2024


                                           ORDER

Crl.M.A.No.3008 of 2018 (Crl.M.A.No.1 of 2018)

Having regard to the averments made in the affidavit

filed in support of the application, we treat this application as one

for condoning the delay in filing the appeal. There is a delay of 148

days in filing the appeal. Having regard to the facts and

circumstances, we deem it appropriate to condone the delay in

filing the appeal. Ordered accordingly.

Crl.Appeal (V)

Admit.

Public Prosecutor takes notice for the first respondent.

Issue notice to respondents 2 to 6.

List along with Crl.A.No.452 of 2018.

Sd/-

P.B.SURESH KUMAR, JUDGE.

Sd/-

M.B.SNEHALATHA, JUDGE.

Mn

27-05-2024 /True Copy/ Assistant Registrar