Cra No.17/2018 Of Additional ... vs Varghese @ Thampi
2021 Latest Caselaw 10867 Ker

Crl.M.Appl/1/2021 IN Crl.Rev.Pet 264/2021          1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                Present:
                              THE HONOURABLE MR.JUSTICE V.G.ARUN

                        Wednesday,the 31st day of March 2021/10th Chaithra, 1943
                                Crl.M.A.No.2/2021 in Crl.Rev.Pet.264/2021

CRA No.17/2018 of Additional Sessions Court, Pathanamthitta
             For information purpose only
ST No.2768/2015 of Judicial First Class Magistrate Court -I, Pathanamthitta

PETITIONER/APPELLANT/ACCUSED
        VARGHESE @ THAMPI, AGED 45 YEARS
        S/O. CHACKO, RESIDING AT KODINGAMPARAMPIL VEEDU,
        KOZHENCHERRY (P.O.), KEEZHUKARA,
        PATHANAMTHITTA DISTRICT, PIN-689641.

RESPONDENTS/RESPONDENTS/COMPLAINANT
1.M.G.MATHEW,AGED 75 YEARS
  S/O.GHEEVARGHESE, KOTTUPPALLIL VEEDU,
  KOZHENCHERRY (P.O.), KOZHENCHERRY,
  PATHANAMTHITTA, PIN-689641.

2.STATE OF KERALA,
  REPRESENTED BY THE PUBLIC PROSECUTOR,
  HIGH COURT OF KERALA.

          Application praying that in the circumstances stated therein,     the High Court may be
pleased to suspend the execution of the sentence in S.T No 2768/2015 before the Court of the
Judicial First Class Magistrate Court-I, Pathanamthitta; which is confirmed in judgment dated
15.02.2021 in Crl.Appeal No 17/2018 before the Court of the Additional Sessions Judge-I,
Pathanamthitta, pending disposal of the Criminal Revision Petition.

          This application coming on for admission upon perusing the application       and   upon
hearing the arguments of M/S JACOB P.ALEX, SHRI.MANU SANKAR P., JOSEPH
P.ALEX, Advocates for the petitioner and the PUBLIC PROSECUTOR for the second
respondent, the court passed the following:
 Crl.M.Appl/1/2021 IN Crl.Rev.Pet 264/2021   2/4

                                 P.T.O.




             For information purpose only
                           V.G.ARUN, J.
                ============================
                  Crl.R.P. No.264 of 2021
                 ---------------------------
         Dated this the 31st day of March, 2021
       For information
                  ORDER

purpose only Admit.

Issue notice to the first respondent through

speed post. Learned Public Prosecutor takes

notice for the second respondent.

Crl.M.Appl.No.2 of 2021

Learned Counsel for the petitioner submits

that the petitioner is willing to pay off the

entire amount due to the complainant, but the

only obstacle is the sentence of four months

simple imprisonment imposed by the lower court.

Taking into account the petitioner's willingness

to pay the amount due, execution of the sentence

imposed on the petitioner is suspended for a

period of three months, on condition of the

petitioner executing a bond for Rs.50,000/-

(Rupees fifty thousand only) with two solvent Crl.R.P. No.264 of 2021

sureties for the like amount, to the satisfaction

of the trial court and on remittance of

Rs.50,000/- (Rupees fifty thousand only) towards For information purpose only the fine imposed within one month.

Sd/-

V.G.ARUN JUDGE Scl/31.03.2021

/true copy/ Sd/- ASSISTANT REGISTRAR