CRL.A No.621/2022 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 17th day of June 2022 / 27th Jyaishta, 1944
CMA.NO.1/2022 IN CRL.A NO. 621 OF 2022
SC 314/2018 Special Court for the Trial of SC/ST (Prevention of Atrocities)
Act, Kozhikode
PETITIONER/APPELLANT
ABDUL MAJEED S/O. VADAKKE MANNATH HAJI, AGED 44 YEARS, PALLIPARAMBU
HOUSE, LAKSHAM VEEDU,THIKKODI POST, THIKKODI AMSOM DESOM, KOYILANDY
TALUK, KOZHIKODE DIST, PIN-673523.
RESPONDENTS/RESPONDENTS
1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA,,ERNAKULAM, PIN - 682031
2. BINDHU, AGED 41 YEARS D/O. KUMARAN, MEPPAYUR POST, KOYILANDY TALUK,
KOZHIKODE DISTRICT PIN - 673524.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed by the
Honourable Special Judge for the Trial of SC/ST (Prevention of Atrocities)
Act, Kozhikode in SC 314/2018 Judgment dated 11.5.2022 in Crime No.673 of
year 2017 of Payyoli Police Station, Kozhikode.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S SHANID P, P.P.HASHICK, Advocates for
the petitioners and of PUBLIC PROSECUTOR for R1, the court passed the
following:
ORDER
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
Learned Public Prosecutor submitted that notice has been served to the victim. But there is no appearance. Having heard both sides, I am of the view that the execution of sentence can be suspended on conditions.
CRL.A No.621/2022 2/2 In the result, this petition is allowed. The execution of the sentence against the petitioner is suspended on the following conditions.
(i) The petitioner shall execute a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below.
(ii) the petitioner shall deposit the entire fine amount at the court below within one month.
Sd/- DR. KAUSER EDAPPAGATH JUDGE 17-06-2022 /True Copy/ Assistant Registrar