Sabu Antony vs State Of Kerala
2024 Latest Caselaw 27299 Ker

Kerala High Court

Sabu Antony vs State Of Kerala on 11 September, 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
        Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
                     CRL.MC NO. 7725 OF 2024(FILING NO.)
          CRIME NO.112/2018 OF CHALAKKUDY POLICE STATION, THRISSUR
 CC 414/2018 OF ASSISTANT SESSIONS COURT/ADDITIONAL SUB COURT, IRINJALAKUDA
PETITIONER(S)/ACCUSED:

     SABU ANTONY, AGED 47 YEARS, S/O. EDASSERRY CHANKAN DEVASSY,
     CHEMBALOOR DESOM, PALAYAMPARAMBU P.O., KALLUR VADAKKUMMURI VILLAGE,
     CHALAKKUDY TALUK, THRISSUR DISTRICT, PIN-680741

    BY ADVS.DENU JOSEPH,MUHISEENA.V.Z & MANJU M.K.
RESPONDENT(S)/COMPLINANT:

  1. STATE OF KERALA, REPRESENTED PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, PIN-682031
  2. STATION HOUSE OFFICER, CHALAKUDY POLICE STATION, CHALAKUDY.P.O,,
     PIN-680301

   BY PUBLIC PROSECUTOR

     This Criminal misc. case having come up for orders on 11.09.2024,
the court on the same day passed the following:
                         BECHU KURIAN THOMAS, J.
                       --------------------------------------
                     UNNUMBERED Crl.M.C. of 2024
                          (Filing No.7725 of 2024)
                      ---------------------------------------
                 Dated this the 11th day of September, 2024


                                   ORDER

Petitioner alleges that he was examined as PW1 in S.C.No.845/2018

on the files of the Assistant Sessions Court, Thrissur. In the judgment

convicting the accused, it is observed that Material Objects 24 to 30 shall

be given to the custody of PW1 after the appeal period. Consequent to the

appeal period, petitioner filed Annexure-A3 application for return of those

MO's. However, the said petition was dismissed as per Annexure-A4 order

dated 14.12.2022, stating that three appeals have been preferred by the

accused before the Session's Court, Irinjalakuda, and the entire case

records have been sent to the said court.

2. As per Section 500 of the Bharatiya Nagarik Suraksha Sanhita,

2023, corresponding to Section 454 of the Code of Criminal Procedure,

1973, an appeal against an order under BNSS or its corresponding

provision, Section 452 Cr.P.C, has to be preferred to the appellate court to

which appeals ordinarily lie from convictions. Since appeals have already

been preferred, the remedy of the petitioner is to prefer an appeal against

Annexure-A4 order. The objection of the Registry, in that regard, is

therefore justified.

Hence, the objection of the Registry is sustained. Petitioner is given

the liberty to approach the appellate court, in accordance with law.

Sd/-

BECHU KURIAN THOMAS JUDGE Jka/11.09.24.