Suresh vs Manoj.P
2021 Latest Caselaw 13046 Ker

Crl.Rev.Pet No.359/2021                             1/3


                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                              PRESENT
                              THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

                 FRIDAY, THE 18TH DAY OF JUNE 2021 / 28TH JYAISHTA, 1943
                      CRL.M.A.NO.1/2021 IN CRL.REV.PET NO. 359 OF 2021


   CRL.A.NO. 170/2019 OF ADDITIONAL DISTRICT & SESSIONS COURT,MOOVATTUPUZHA,
                                              ERNAKULAM


   S.T.NO.1244/2014 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I,PERUMBAVOOR


PETITIONER/REVISION PETITIONER:
                  SURESH,AGED 40 YEARS,S/O. BHASKARAN,
                  KURIAPPURAM HOUSE, ARUVAPPARA P.O., MEKKAPPALA-683 545
RESPONDENTS/RESPONDENTS:
        1         MANOJ.P,AGED 44 YEARS,S/O. SREEDHARAN, PANAMBILLY HOUSE,
                  ELAMBAKAPILLY KARA, VENGOOR WEST VILLAGE-683 546
        2         STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,
                  HIGH COURT OF KERALA,PIN-682 031, ERNAKULAM
                          Application praying that in the circumstances stated therein
                          the High Court be pleased to suspend the sentence and
                          conviction imposed against the Revision Petitioner by the
                          Judgment dated 19.01.2021 in Criminal Appeal No:170/2019 of
                          the Court of the Additional District and Sessions Judge,
                          Muvattupuzha       and    judgment        dated    21.05.2019      in
                          S.T.No.1244/2014 of the Judicial 1st Class Magistrate Court
                          -1, Perumbavoor, pending disposal of the Revision Petition
                          for the end of justice.
                          This Application coming on for admission upon perusing the
                          application , and upon hearing the arguments of VIJU ABRAHAM,
                          ALBERT   V.JOHN,   ROSHNI       MANUEL,   VARNA   MANOJ   and   SHARIN
                          P.PAULOSE    Advocates    for    the   petitioner,and     the   Public
                          Prosecutor for the 2nd respondent, the court passed the
                          following:
 Crl.Rev.Pet No.359/2021                        2/3




                                   N. ANIL KUMAR, J
                                 ...............................
                                 Crl.R.P.No.359 of 2021
                                             &
                                  Crl.M.A.No.1 of 2021
                                 ...............................
                          Dated this the 18 th day of June, 2021

                                           ORDER

Admit.

2. Heard learned counsel for the revision

petitioner. Learned Public Prosecutor takes

notice for R2. Issue notice to R1.

Crl.M.A.No.1/2021

Heard the learned counsel for the revision

petitioner.

2. Having regard to the facts and circumstances

of the case and the quantum of sentence

awarded under Section 138 of the Negotiable

Instruments Act, this Court is of the view

that the revision petitioner/accused can be

released on bail. Let the revision Crl.Rev.Pet No.359/2021 3/3

Crl.R.P.No.359 of 2021 & Crl.M.A.No.1 of 2021

petitioner/accused be released on bail during

the pendency of the revision on furnishing a

bail bond of Rs.50,000/- (Rupees fifty

thousand only) with two solvent sureties for

the like sum each to the satisfaction of the

court concerned provided the revision

petitioner/accused deposits an amount of

Rs.50,000/- (Rupees Fifty thousand only)

before the jurisdictional magistrate

concerned. Sentence of imprisonment

awarded to the revision petitioner/accused

shall remain suspended during the pendency

of this revision as stated herein above.

Sd/-

N.ANIL KUMAR, JUDGE AMV/18/06/2021

sd/-

18-06-2021 /True Copy/ Assistant Registrar