IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 CRL.A.No. 851 of 2006() ----------------------- SC.11/1995 of III ADDL.SESSIONS COURT, ERNAKULAM .................... APPELLANT/ ACCUSED No.11 --------------------- HANEEFA.K, S/O.MOOSA, KUNDIL HOUSE, THIKKODI POST, MELADI VIA., CALICUT. BY ADV. SRI.DEEPU THANKAN RESPONDENTS/ COMPLAINANT AND STATE ------------------------------------ 1. THE SUPERINTENDENT OF POLICE, CBI/SPE/KER, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. SR. PUBLIC PROSECUTORS, SRI.C.M.NAZAR & S.U.NAZAR SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 SRI.K.J.ANTONY FOR R1 THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUC C.KURIAKOSE & P.S.GOPINATHAN, JJ. ------------------------------ Crl.A.No.851 OF 2006 ------------------------------- Dated this the 28th day of March, 2011 J U D G M E N T ~~~~~~~~~~~ Pius C. Kuriakose, J. It is submitted by Sri.Deepu Thankan, the learned counsel for the appellant, that on the basis of the general commutation order passed by the Government recently the appellant has been released from jail. Therefore, the appeal has become infructuous. However, he submitted that he is not in a position to withdraw from the appeal as the Government Order is under challenge before this Court in other proceedings. We record the above submission of the learned counsel for the appellant. We close this appeal, giving liberty to the appellant to move for revival if it becomes necessary. We make it clear that we have not entered into the merits of the grounds raised in the appeal. (PIUS C. KURIAKOSE, JUDGE) (P.S.GOPINATHAN, JUDGE) ps