IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 542 OF 2022
SC 454/2018 OF ADDITIONAL SESSIONS COURT, OTTAPALAM
PETITIONER/APPELLANT
1. NARAYANAN @ THANKAMANI, AGED 63 YEARS ,S/O.ARUMUGHAN, NHALOOR
PALLIYALIL VEEDU, KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT,, PIN -
679122
2. GIREESH AGED 32 YEARS S/O.NARAYANAN, NHALOOR PALLIYALIL VEEDU,
KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT, PIN - 679122
3. UNNIKRISHNAN @ VAVA ,AGED 31 YEARS ,S/O.NARAYANAN, NHALOOR
PALLIYALIL VEEDU, KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT, PIN -
679122
RESPONDENT/RESPONDENT
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to pass an order suspending the execution of the
sentence imposed on the petitioners by the Additional Sessions Judge,
Ottapalam in Sessions Case No.454/2018 dated 17.05.2022 and to release the
petitioners on bail, pending final disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.NIREESH MATHEW, Advocate for the
petitioners and of PUBLIC PROSECUTOR for the respondent, the court passed
the following:
P.T.O
ZIYAD RAHMAN A.A, J.
-----------------------
Crl.M.A.No.1 of 2022
in
Crl.Appeal No.542/2022
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Dated this the 1st day of July, 2022
O R D E R
This is an application submitted by the petitioners/appellants who are the accused Nos.1 to 3 in S.C.No.454/2018 on the file of the Additional Sessions Judge, Ottapalam. As per the judgment impugned in this case, the petitioners were found guilty for the offences punishable under Sections 341,323,326 and 307 r/w. Section 34 of the Indian Penal Code (IPC). The sentence imposed upon the petitioners includes rigorous imprisonment for a period of 10 years and to pay a fine of Rs.50,000/- each under Section 326 of the IPC and rigorous imprisonment for 10 years each and a fine of Rs.50,000/- each under Section 307 of IPC.
2. After perusing the judgment impugned in this case and also hearing the learned Public Prosecutor, I am of the view that, the sentence Crl.MA 1/22 in Crl.A.660/22 2 imposed upon the petitioners can be suspended. This is particularly because, no criminal antecedents of any of the petitioners herein were brought to my notice.
3. In such circumstances, the sentence imposed upon the petitioners by the Additional Sessions Court, Ottapalam as per judgment dated 17.05.2022 in Sessions Case No.454/2018 shall stand suspended upon the petitioners executing bonds for a sum of Rs.1,00,000/- each with two solvent sureties each for the like sum to the satisfaction of the learned Sessions Judge. It is also ordered that, while executing bonds as ordered, the petitioners shall surrender their passport before the learned Sessions Judge and, in case, any of the petitioners are not issued with any passport so far, an affidavit to that effect shall be submitted before the trial court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE pkk 01-07-2022 /True Copy/ Assistant Registrar