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Kerala High Court
Mariya Sisly vs State Of Kerala on 20 May, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Monday, the 20th day of May 2024 / 30th Vaisakha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 739 OF 2024
CC 36/2015 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM
APPLICANTS/APPELLANTS:
1. MARIYA SISLY, AGED 57 YEARS, FORMERLY VILLAGE OFFICER, KULATHUMMAL
VILLAGE OFFICE, W/O. VISWAMBHARAN, 'VISWAM', VAYALIKONAM, AMARAVILA,
CHENKAL, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695122.
2. SANTHOSH S., AGED 46 YEARS, FORMERLY VILLAGE FIELD ASSISTANT,
KULATHUMMAL VILLAGE OFFICE, S/O. SUKUMARAN KANNI, 'INDRAGIRI',
MALAYADI, VINABHANIKETHAN, THOLICODE, NEDUMNAGAD,
THIRUVANANTHAPURAM, PIN - 695541.
RESPONDENTS/RESPONDENTS:
STATE OF KERALA,
REPRESENTED BY THE DY.S.P,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
SOUTHERN RANGE, THIRUVANANTHAPURAM THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed
against the appellants/accused 1 & 2 vide judgment dated 23.04.2024 in CC
No.36/2015 by Enquiry Commissioner & Special Judge (Vigilance),
Thiruvananthapuram and to release them on bail, pending disposal of the
above appeal on such terms and conditions as this Hon'ble Court may deem
fit and proper, in the interests of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SASTHAMANGALAM S. AJITHKUMAR
(SR.),SREEJITH S. NAIR, V.S.THOSHIN, SATHEESH MOHANAN, MAHIMA, AKHIL
SUSEENDRAN, SUNIL.V., VISHNU V.H., ABHISHEK NAIR M.R., SEKHAR G. THAMPI,
COLIN ANTONY DCRUZ, Advocates for the petitioner 1 and of KALEESWARAM
RAJ,CHINNU MARIA ANTONY Advocates for the Petitioner 2 and of the PUBLIC
PROSECUTOR for the respondent, the court passed the following:
P.T.O.
K.BABU, J.
------------------------------------
Crl.A.No.739 of 2024
&
Crl.M.A.No.1 of 2024
in
Crl.A.No.739 of 2024
------------------------------------
Dated this the 20th day of May, 2024
ORDER
Admit. Learned Public Prosecutor takes notice for the respondent.
Crl.M.A.No.1 of 2024
----------------------------
Heard both sides.
2. The petitioners/appellant Nos. 1 and 2 have been convicted under Sections 7 and 13(1) (d) r/w Section 13(2) of the Prevention of Corruption Act, 1988, Section 120B of the I.P.C and sentenced to undergo rigorous imprisonment for various tenures ranging from 2 to 4 years. .
3. The learned Public Prosecutor opposed the application seeking suspension of sentence.
4. The disposal of the appeal is likely to take Crl.M.A.No.1 of 2024 in Crl.A.No.739 of 2024 2 time. Having regard to the fact that the disposal of the appeal is likely to take time, this Court feels that execution of the sentence imposed on the petitioners is liable to be suspended. Therefore, the execution of the sentence imposed on the petitioners/appellant Nos. 1 and 2 shall stand suspended and bail granted to them on the following conditions:
(i) The petitioners shall execute bond for Rs.1,00,000/- (Rupees One Lakh Only) each with two solvent sureties each for the like sum to the satisfaction of the Trial Court.
(ii) The petitioners shall deposit 50% of the fine amount in the Court below within a period of three months from today.
Sd/-
K.BABU, JUDGE saap 20-05-2024 /True Copy/ Assistant Registrar