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Kerala High Court
Mustafa Mashoor Thangal vs State Of Kerala on 7 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
CRL.MC NO.3875 OF 2024
AGAINST THE ORDER DATED 12.02.2024 IN C.M.P.NO.233 OF 2024 IN
CRA NO.40 OF 2024 OF SESSIONS COURT, KOZHIKODE ARISING OUT OF
THE JUDGMENT DATED 03.02.2024 IN ST NO.517 OF 2019 OF
JUDICIAL FIRST CLASS MAGISTRATE, KOYILANDY
PETITIONER/APPELLANT/ACCUSED:
MUSTAFA MASHOOR THANGAL
AGED 49 YEARS
S/O KUNJEEBI 10TH FLOOR, 1002, STERLING APARTMENTS
NADAKKAVU POST, NEAR INDIAN EXPRESS KOZHIKODE
DISTRICT, PIN - 673006
BY ADVS.
DILISH JOHN
RESHMA MOHAN
AMBADI KANNAN
RESPONDENTS/RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 MAVULLIPURATHOTTU PRAKASHAN
AGED 61 YEARS
S/O KUNJI KELAPPAN SREEPARNAM HOUSE, MELOOR POST
KOYILANDY, KOZHIKODE DISTRICT, PIN - 673306
SRI SANAL P RAJ, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
2
Crl.M.C.No.3875 of 2024
G.GIRISH, J.
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Crl.M.C.No.3875 of 2024
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Dated this the 07th day of May, 2024
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ORDER
The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, seeking extension of time for the deposit of 20% of the fine amount, as directed by the Sessions Court, Kozhikode, while admitting Crl.Appeal No.40 of 2024 filed by him, challenging the conviction and sentence in ST No.517 of 2019 of the Judicial First Class Magistrate Court, Koyilandy.
2. It is stated that due to medical exigencies relating to the Myocardial Infarction suffered by him on 04.02.2019 and the continued treatment for the same, he was not able to mobilize the money for the deposit of the above amount.
3. Having regard to the reason stated by the petitioner, which is substantiated by the medical record produced as Annexure-A3, I deem it appropriate to grant a further period of 30 days for the deposit of the amount directed by the 3 Crl.M.C.No.3875 of 2024 Sessions Court, Kozhikode in the order dated 12.02.2024 in C.M.P.No.233 of 2024 in Crl.Appeal No.40 of 2024.
In the result, the petition stands allowed as follows:
The petitioner (appellant in Crl.A.No.40 of 2024 of the Sessions Court, Kozhikode) is permitted to deposit the amount directed to be deposited as 20% of the fine amount, within a period of 30 days from the date of this order.
Sd/-
G.GIRISH, JUDGE vgd 4 Crl.M.C.No.3875 of 2024 APPENDIX OF CRL.MC 3875/2024 PETITIONER'S ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE JUDGEMENT IN ST NO.517/2019 DATED 03.02.2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KOYILANDY, KOZHIKODE ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CMP NO.233 OF 2024 IN CRIMINAL APPEAL NO. 40 / 2024 DATED 12.02.2024 ANNEXURE A3 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15.04.2024