High Court of KeralaCrl.MC/1895/2014disposed of

Mercy Chandran v. State Of Kerala

2015-10-16Honourable Mr. Justice B.Kemal Pasha4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 Crl.MC.No. 1895 of 2014 () --------------------------- CRL.M.P. 578/2014 of SESSIONS COURT, KOLLAM ST 96/2011 of CHIEF JUDICIAL MAGISTRATE'S COURT, KOLLAM PETITIONER/PETITIONER/ACCUSED:

------------------------------ MERCY CHANDRAN, AGED 52 YEARS, W/O.LATE RAMACHANDRAN, LEKSHMI NIVAS, DURGA NAGAR, KOTTAKKAKAM, KOLLAM WEST VILLAGE, CUTCHERRY P.O., KOLLAM.

BY ADV. SRI.BIJU .C. ABRAHAM RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT: ---------------------------------------------

1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. A.C.SUNNY, S/O.A.I.CHERUKUTTY, ARIMBUR HOUSE, HOUSE NO.100, VISHANTHUKAVU NAGAR, THIRUMULLAVARAM P.O., KOLLAM WEST VILLAGE, FROM ARIMBUR HOUSE, HOUSE NO.77, THEKKEVILA NAGAR, MUNDKKAL, KOLLAM-686 016.

R1 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: DSV/21/10/15

Crl.MC.No. 1895 of 2014 () APPENDIX PETITIONER'S ANNEXURES:

ANX-1 COPY OF THE JUDGMENT DATED 8.4.2013 IN ST NO.96/2011 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, KOLLAM. ANX-2 COPY OF THE ORDER DATED 1.3.2014 IN CRL.M.P.NO.578/2014 IN CRL.APPEAL NO.76/2014 OF THE COURT OF THE SESSIONS JUDGE, KOLLAM.

RESPONDENTS' ANNEXURES:

NIL // True Copy // P.A. To Judge DSV/21/10/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No. 1895 of 2014 ======================= Dated this the 16th day of October, 2015

O R D E R

Heard the learned counsel for the petitioner.

2. In spite of notice, there is no representation for the 2nd respondent. Condition No.1 imposed in Annexure-2 order passed by the Sessions Court, Kollam in Crl.M.P.No.578 of 2014 in Crl.Appeal No.76 of 2014 is under challenge.

3. On hearing the submissions of the learned counsel for the petitioner, this Court is of the view that Condition No.1 in Annexure-2 order can be modified by directing the petitioner to deposit an amount of ₹1,00,000/- (Rupees One Lakh only)

Crl.M.C. No.1895 of 2014 before the court below within a period of two months from today. With the said modification, this Crl.M.C. is disposed of accordingly.

Sd/- B.KEMAL PASHA JUDGE DSV/16/10/15 // True Copy // P.A. To Judge