Kerala High Court
Sarvajith M.P vs State Of Kerala on 25 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 396 OF 2024
CRA 123/2019 OF ADDITIONAL SESSIONS COURT - IV, THALASSERY
CC 2712/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KANNUR
PETITIONER/REVISION PETITIONER:
SARVAJITH M.P., S/O. SARVOTHAMAN, RESIDING AT SUSANDHYA,
KAVUMBHAGOM, KUYYALI. P.O., THALASSERI.
RESPONDENT/RESPONDENT
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence passed in
Criminal Appeal by Judgment dated 24-11-2023 in Crl.Appeal No.123/2019 of
the Addl.Sessions Judge - IV, Thalassery, arising out of the Judgment
dated 02-04-2019 in C.C.No.2712/2016 of the Judicial First Class
Magistrate Court - I, Kannur, pending disposal of this Criminal Revision
Petition, without insisting for deposit of any amount.
This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. ABRAHAM K.JOHN, P.K.BALAKRISHNAN,
UTHARA ASOKAN, Advocates for the petitioner and of PUBLIC PROSECUTOR for
the respondent, the Court passed the following:
P.T.O.
C.S.SUDHA, J.
----------------------------------------------------
Crl.M.A.No. 1 of 2024 in
Crl.R.P. No.396 of 2024
----------------------------------------------------
Dated this the 25th day of April 2024
ORDER
This is an application for suspending the sentence in C.C.No.2712/2016 where the accused has been convicted and sentenced to undergo simple imprisonment for a period of one month and to pay a fine of ₹1,000/- for the offence punishable under Section 279 IPC and in default of payment of the same to undergo simple imprisonment for a period of 15 days and for simple imprisonment for one year and fine of ₹5,000/- under Section 304A IPC and in default of payment of fine to undergo simple imprisonment for 30 days.
2. Heard both sides.
3. The application is allowed and the sentence is suspended till the disposal of the appeal, subject to the following conditions :
i) The applicant shall be released on bail on 2 Crl.M.A.No. 1 of 2024 in Crl.R.P. No.396 of 2024 executing a bond for ₹50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court;
ii) He shall not commit any offence(s) while on bail;
iii) If the conviction and sentence of the applicant is upheld or even modified, the time during which he is so released shall be excluded in computing the term of his sentence as provided in Section 389 (4) Cr.P.C.
Sd/-
C.S.SUDHA JUDGE Jms 25-04-2024 /True Copy/ Assistant Registrar