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Kerala High Court
Sudheerthan.T vs State Of Kerala on 14 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
Tuesday, the 14th day of May 2024 / 24th Vaisakha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 790 OF 2024
SC 957/2021 OF IST ADDITIONAL SESSIONS COURT, KOZHIKODE
APPLICANTS/APPELLANTS:
1. SUDHEERTHAN.T, AGED 52 YEARS, S/O HARIDASAN, AMRITHAM HOUSE ,
PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE - 673021
2. HARIKRISHNAN.T, AGED 26 YEARS S/O SUDHEERTHAN, AMRITHAM HOUSE ,
PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE - 673021
3. ABHISHEK, AGED 24 YEARS S/O SUDHEERTHAN, AMRITHAM HOUSE ,
PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE -
673021
RESPONDENT/RESPONDENT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed against
the Appellants/Applicants by the Court of the Ist Additional Sessions
Judge , Kozhikode vide judgment dated 20-04-2024 in SC No.957/2021 ,
during the pendency of the appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.NAHAS H., DILEEP P.PILLAI,
Advocates for the petitioners and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
p.t.o
JOHNSON JOHN, J.
---------------------------
Crl.M.A No.1 of 2024
in
Crl.A No.790 of 2024
-----------------------------------
Dated this the 14th day of May, 2024
ORDER
The learned Public Prosecutor takes notice for the respondent.
2. Heard the learned counsel for the appellants/petitioners.
3. The appellants/petitioners are Accused Nos.1 to 3 in SC No.957 of 2021 of the 1 st Additional Sessions Judge, Kozhikode and they are convicted and sentenced to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs.25,000/- for the offence punishable under Section 325 of the Indian Penal Code.
4. It is brought to my notice that the disposal of the appeal on merit will take time and therefore, considering the facts and circumstances, execution of the sentence against the appellants/petitioners are suspended subject to the following conditions:
(i) The appellants/petitioners shall execute a bond for Crl.M.A No.1 of 2024 in Crl.A No.790 of 2024 ..2..
Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the Trial Court.
(ii) The appellants/petitioners shall deposit the entire fine amount in the Court below within a period of one month from today.
(iii) The appellants/petitioners shall appear before the Investigating Officer on the last Wednesday of every month between 10.00 a.m and 11.00 a.m.
(iv) The appellants/petitioners shall not involve in any other similar offence.
Post on 24.05.2024.
Sd/-
JOHNSON JOHN, JUDGE PR 14-05-2024 /True Copy/ Assistant Registrar