Gopakumar v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS WEDNESDAY, THE 19TH DAY OF AUGUST 2015/28TH SRAVANA, 1937 Crl.MC.No. 4987 of 2015 ---------------------------------- SC 567/2014 PRINCIPAL SESSIONS COURT, THIRUVANANTHAPURAM CC 476/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II,NEDUMANGAD CRIME NO. 393/2010 OF VITHURA POLICE STATION , THIRUVANANTHAPURAM ------------------- PETITIONER(S)/ACCUSED 1-3:

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1. GOPAKUMAR S.V., AGED 40 YEARS, S/O.VIKRAMAN, 'SREEKRISHNA BHAVAN', MEMALA VALIYA VENKADU, VITHURA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.

2. FAIZAL M.K., AGED 33 YEARS, S/O.MAITHEEN KANNU, 'FAIZAL MANZIL, MEMALA, VALIYA VENKADU, VITHURA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.

3. BIJU P., AGED 42 YEARS, S/O.POULOSE, MEMALA THADATHARIKATHU VEEDU, VALIYA VENKADU, VITHURA VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT.

BY ADV. SRI.R.B.RAJESH RESPONDENT(S)/STATE:

----------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31.

BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19-08-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 4987 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEXURE I: TRUE COPY OF THE FINAL CHARGE IN CRIME NO.393/2010 OF VITHURA POLICE STATION NOW PENDING AS SC.NO.567/2014 ON THE FILE OF THE PRINCIPAL SESSIONS COURT.

RESPONDENT(S)' ANNEXURES -------------------------------------------- NIL.

/ TRUE COPY / P.S.TO JUDGE PJ

ALEXANDER THOMAS, J.

================== Crl.M.C No. 4987 of 2015 ================== Dated this the 19th day of August, 2015

O R D E R

The prayer in this Crl.M.C is as follows:

"... to issue an order or direction, directing the learned Principal Sessions Judge, Thiruvananthapuram to commence with trial and to close the proceedings within a short time frame fixed by this Hon'ble court in S.C No.567/2014, pending before the Principal Sessions Court, Thiruvananthapuram, in the interest of justice." 2.

In compliance with the directions issued by this Court dated 5.8.2015, the First Additional Sessions Court, Thiruvananthapuram has submitted a report dated 18.8.2015 to the Registry of this Court, stating inter alia that all efforts will be taken for completion of the trial in S.C No.567/2014 by the end of December 2015.

3.

Having regard to the totality of the facts and circumstances of the case as well as the report dated 18.8.2015 furnished by the court below, it is ordered in the interest of justice that the first Additional Sessions Court, Thiruvananthapuram will take all reasonable endevours possible under the circumstances to ensure that S.C No. 567/2014 is finally disposed of at least by the

Crl.M.C No. 4987 of 2015 - : 2 :- end of December 2015 as suggested in the report of the court below.

With these observations and directions, the Crl.M.C stands finally disposed of.

sd/- sab ALEXANDER THOMAS, JUDGE