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2026 Supreme(Online)(Ker) 5314

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
LIJO LUKOSE – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 9598 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.SUNNY XAVIER, SMT.C.P.PRETTY
For the Respondents: PP.SRI.M.P.PRASANTH

The court emphasizes the importance of complying with required conditions for deferral of judgment.

Headnote:By order dated 27.10.2025, the High Court of Kerala had directed the deferral of judgment in S.T.No.2853/2023 based on the petitioner's willingness to compound the offence. The petitioner failed to remit the required amount, hence the benefit was not extended. The Court dismissed the Crl.M.C. without prejudice to the petitioner's rights in the Trial Court. Key issues included the adherence to prior orders and the implications of failing to comply with payment terms. The Court emphasized that rights for further contention remain intact when dismissing the Crl.M.C.

Table of Content
1. failure to comply with court orders (Para 1)
2. court's decision on the one-time benefit (Para 2)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 27TH DAY OF JANUARY 2026 / 7TH MAGHA, 1947 CRL.MC NO. 9598 OF 2025 AGAINST THE ORDER DATED 18.10.2025 IN CMP 3954/2025 IN ST NO.2853 OF 2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD PETITIONER/S:

LIJO LUKOSE AGED 40 YEARS S/O. N. V. LUKOSE, NADUPARAMBIL HOUSE, HMT COLONY P.O.

ERNAKULAM DISTRICT., PIN - 683503 BY ADVS.

SRI.SUNNY XAVIER SMT.C.P.PRETTY RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM., PIN - 682031

2 JANCY JOSE W/O. JOSE MICHAEL, VILLA NO. 24, SKYLINE GREENWOODS, PADAMUGAL P.O. ERNAKUAM DISTRICT., PIN - 682030 OTHER PRESENT:

PP.SRI.M.P.PRASANTH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

27.01.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 9598 OF 2025 ----------------------------------------------

Dated this the 27th day of January, 2026 ORDER By order dated 27.10.2025, this Court had directed the Court of the Judicial First Class Magistrate, Kakkanad (Trial Court) to defer the pronouncement of the judgment in S.T.No.2853/2023 in view of the submission made by the learned Counsel for the petitioner that the petitioner is willing to compound the offence. Subsequently, by order dated 31.10.2025, this Court had directed the Trial Court to defer the pronouncement of the judgment subject to the condition that the petitioner pays the amount within six weeks from the date of the above order. It is conceded by both sides that the petitioner has not remitted the amount as undertaken before this Court.

2. Taking into consideration the fact that the complaint is posted before the Trial Court for pronouncement of the judgment, I am not inclined to extend the ‘one time benefit’ that was given to the petitioner as per orders dated

27.10.2025 and 31.10.2025.

Accordingly, this Crl.M.C. is dismissed, without prejudice to the right of the petitioner to raise all his contention before the Trial Court.

sd/-

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