Kochukudiyil Agencies vs M/S.Nirmal Associates
2021 Latest Caselaw 22373 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
        Tuesday, the 9th day of November 2021 / 18th Karthika, 1943

            CRL.M.APPL.NO.1/2021 IN CRL.REV.PET NO. 614 OF 2021

           CRA 469/2019 OF ADDITIONAL SESSIONS COURT I,KOZHIKODE

      ST 803/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,KOZHIKODE




PETIONERS/REVISION PETITIONERS:

  1. KOCHUKUDIYIL AGENCIES REPRESENTED BY ITS PARTNER, AJESH, AGED 37
     YEARS,VATAKARA (P.O), KOZHIKODE DISTRICT, PIN-673101.
  2. AJESH, AGED 37 YEARS,PARTNER, KOCHUKUDIYIL AGENCIES,VATAKARA (P.O),
     KOZHIKODE DISTRICT, PIN-673101.

RESPONDENTS/RESPONDENTS:

  1. M/S.NIRMAL ASSOCIATES,5-93, B-12, ERANHIPALAM, KOZHIKODE,
     PIN-673006, REPRESENTED BY ITS PARTNER, C.VIJAYAN, AGED 60 YEARS,
     S/O.CHOYI, PULPARAMBIL HOUSE, PADANILAM (P.O), KOZHIKODE DISTRICT,
     PIN-673571.
  2. 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 the sentence imposed by
the Judicial First Class Magistrate Court-IV,Kozhikode in S.T.No.803/2017
dated 21.10.2019 as confirmed by the judgment dated 30.03.2021 in Criminal
Appeal No.469/2017 on the files of the Court of the 1st Additional
Sessions Judge,Kozhikode,pending final dissposal of the above criminal
revision petition.
     This Application coming on for admission upon perusing the
application, and upon hearing the arguments of R.BINDU (SASTHAMANGALAM),
G.RAJAGOPAL (KUMMANAM), Advocates for the petitioners,and PUBLIC
PROSECUTOR for the 2nd respondent,the court passed the following:
                           Dr. KAUSER EDAPPAGATH,J.
                       ====================================
                     Criminal Revision Petition No.614 of 2021
                      ======================================
                     Dated this the 09th day of November, 2021.


                                      ORDER

Crl.R.P.No.614/2021

Admit. Issue notice to R1. The learned Public Prosecutor

takes notice for R2.

Crl.M.A No.1/2021

Learned counsel for the revision petitioners submits that

Rs.20,000/- has already been deposited at the appellate court. The

sentence shall stand suspended on deposit of further sum of

Rs.10,000/- at the court below within two months, and also on

execution of a bond for Rs.1 lakh with two solvent sureties for the

like sum each to the satisfaction of the trial court.

Sd/-

Dr.KAUSER EDAPPAGATH

JUDGE

JS

09-11-2021 /True Copy/ Assistant Registrar