Parambil Pathrose @ Kunhunhu vs State Of Kerala
2021 Latest Caselaw 16040 Ker

Crl.Rev.Pet No.426/2021                          1/3




                            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                            PRESENT
                             THE HONOURABLE MR. JUSTICE P.SOMARAJAN
                          Monday, the 2nd day of August 2021 / 11th Sravana,1943

                  Crl.M.A.NO.1/2021 in CRL.REV.PET NO. 426 OF 2021

CRA 106/2014 OF THE IV ADDITIONAL SESSIONS COURT, THALASSERY

     SC No. 436/2007 OF THE ASSISTANT SESSIONS COURT, KANNUR

   PETITIONER/REVISION PETITIONER:

           PARAMBIL PATHROSE @ KUNHUNHU, AGED 64 YEARS, S/O.PATHROSE, PARAMBIL
           VEEDU, KOOVERI VILLAGE, PADAPPENGAD, KANNUR DISTRICT.

   RESPONDENT/RESPONDENT:
           STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM-682 031.




             Application praying that in the circumstances stated therein, the

   High Court be pleased to suspend the sentence imposed on the petitioner in

   Crl. Appeal No. 106/2014 dated 16.11.2019 on the file of the Additional

   District and Sessions Court-IV, Thalassery and the judgment in SC 436/2007

   dated 20.02.2014 on the file of the Assistant Sessions Court, Kannur, in

   the interest of justice.



           This     Application    coming   on   for   admission   upon   perusing   the

   application, and upon hearing the arguments of SHRI. ABDUL RAOOF

   PALLIPATH, SHRI. M.K.SUMOD, SHRI. K.R.AVINASH (KUNNATH), SHRI. PRAJIT

   RATNAKARAN and SHRI. RAJ CAROLIN V., Advocates for the petitioners, and

   the PUBLIC PROSECUTOR for the respondent, the Court passed the following:


                                                                           [P.T.O]
 Crl.Rev.Pet No.426/2021                         2/3




                              P. SOMARAJAN, J.
             - - - - - - - - - - - - - - - - - - - - - - - -
                             Crl.M.A.No.1/2021
                                     in
                           Crl.R.P.NO.426/2021
             - - - - - - - - - - - - - - - - - - - - - - - -
                 Dated this the 02nd day of August, 2021
                                           O R D E R

The conviction and sentence for the offence

under Section 8(1) & (2) of the Abkari Act

rendered by the trial court, and confirmed in

appeal is under challenge in this revision.

The allegation is that, he was found in

possession of 3 litres of illicit arrack. The

sentence awarded comes to one year imprisonment

by the trial court, which was reduced to six

months imprisonment besides the fine amount of

Rs.1,00,000/-. The sentence on the review

petitioner/appellant will stand suspended on

executing a bond for Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties each

for the like sum to the satisfaction of the

learned Magistrate, and shall deposit an amount

of Rs.20,000/- (Rupees twenty thousand only) out Crl.Rev.Pet No.426/2021 3/3

Crl.M.A.No.1/2021 in Crl.R.P.NO.426/2021

of the fine amount ordered within one month from

today.

Sd/-

P. SOMARAJAN JUDGE

SPV

02-08-2021 /True Copy/ Assistant Registrar