Linish v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Crl.MC.No. 6038 of 2015 () ------------------------------------ S.C. NO. 181/2015 OF THE FIRST ADDITIONAL SESSIONS COURT, KOLLAM CRIME NO. 880/2012 OF CHATHANNOOR POLICE STATION , KOLLAM PETITIONER/2nd ACCUSED:

-------------------------------------- LINISH, S/O.LIYAKATH, AGED 30 YEARS, 197-A, LABEEBI HOUSE, K.B.NAGAR, THEKKEVILA, MUNDAKKAL, KOLLAM.

BY ADVS.DR.K.P.SATHEESAN (SR.) SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR SRI.S.VIBHEESHANAN SRI.K.SUDHINKUMAR RESPONDENTS/STATE & COMPLAINANT:

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

2. THE CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KOTTIYAM, KOLLAM DISTRICT, PIN 691 571.

R BY PUBLIC PROSECUTOR SRI. P.K. ABDUL RAHIMAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6038 of 2015 () ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURE:

------------------------------------- ANNEXURE A1 - CERTIFIED COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT DATED 4.7.2014 RESPONDENT(S)' ANNEXURE:

NIL ------------------------------------------- /TRUE COPY/ P.A. TO JUDGE AK

P.UBAID, J.

============================ Crl.M.C.No.6038 of 2015 ============================ Dated this the 25th day of September, 2015

ORDER

The petitioner herein is the 2nd accused in Crime No.880 of 2012 of Chathannoor Police Station. The case is now pending before the First Additional Sessions Court, Kollam as S.C.No.181 of 2015. The petitioner seeks a direction for speedy disposal of the case on the ground that he wants to go abroad to join his employment without delay. As required by the Court, the learned trial judge submitted a report on 17.09.2015. The report shows that the present pendency there is 780 cases inclusive of 25 cases of under trial prisoners. The report also shows that the learned trial judge has already scheduled the case for trial on 16.11.2015. Despite the huge pendency, the learned trial judge has reported that the case could be disposed of within 21⁄2 months. In the above situation,

Crl.M.C.No.6038 of 2015 2 when there is huge pendency in the trial court, I am not inclined to issue a direction for time bound disposal, because it would be inappropriate. However, the report of the learned trial judge that the case could be disposed of within 21⁄2 months is recorded, and the Crl.M.C. is accordingly disposed of.

Sd/- P.UBAID JUDGE rkj //TRUE COPY// P.A. TO JUDGE