IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 (SUO MOTU) Crl.MC.No. 800 of 2009() --------------------- (SC No. 926 of 2002 on the file of the Addl. Sessions Court, Thiruvananthapuram) PARTIES: ------ 1. SUDHIN KUMAR, S/O.SREEDHARAN, LEKSHMI LAND, NEAR ATTINGAL VETERINARY HOSPITAL, CHITTATTINKARA. 2. DIRECTOR GENERAL OF POLICE, PRISONS. 3. STATE OF KERALA REPRESENTED BY HOME SECRETARY. 4. JAIL SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SR. M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR & P. Q. BARKATH ALI, JJ. .................................................... (Suo Motu) Crl.M.C. No. 800 of 2009 ................................................... Dated this the 22nd September, 2011 ORDER V.Ramkumar J. This M.C. was registered suo motu by this Court on a complaint received by the Hon'ble the Chief Justice of Kerala to the effect that the first accused Sudhin Kumar, who was convicted for offences punishable under Sections 302, 323 and 341 and sentenced imprisonment for life , imprisonment for three months and one month respectively in S.C. 926 of 2002 on the file of the Addl Sessions Court, Fast Track (Adhoc) No. IV, Thiruvananthapuram, while undergoing the sentence was granted parole and thereafter he escaped without reporting back before the jail authorities on the expiry of the parole. 2. The learned Public Prosecutor submits that the first accused is reported to be in U.K. where he is alleged to have Crl. M.C. 800 of 2009 (Suo motu) 2 escaped by obtaining a passport through misunderstanding. Since the first accused is a fugitive who has misused the parole granted to him, we are not inclined to hear Crl. Appeal 567 of 2009 in which he is the first appellant unless and until he surrenders either before this Court or before the trial Court and he is committed to custody. 3. The co-appellant in Crl. Appeal No. 567 of 2009 is the 3rd accused who is represented by another counsel. He is permitted to de-link himself from that appeal and prefer another appeal which shall be treated as a continuation of Crl.Appeal 567 of 2009 so far as he is concerned. Crl. Appeal No. 567 of 2009 pertaining to Sudhin Kumar will be taken only as and when he surrenders before this Court. This Crl. M.C. is, accordingly, closed. Dated this the 22nd day of September, 2011. V. RAMKUMAR, JUDGE P.Q.BARKATH ALI, JUDGE ani/