Citation : 2021 Latest Caselaw 22495 Ker
Judgement Date : 9 November, 2021
Crl.Rev.Pet No.613/2021 1/2
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. 613 OF 2021
CRA 470/2019 OF ADDITIONAL SESSIONS COURT I, KOZHIKODE
ST 804/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-IV,KOZHIKODE
PETITIONERS/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-673
006, REPRESENTED BY ITS PARTNER C.VIJAYAN, AGED 60 YEARS, S/O CHOYI,
PULPARAMBIL HOUSE, PADANILAM (PO),KOZHIKODE DISTRICT PIN-673 571.
2. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN-682 031.
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.804/2017
dated 21.10.2019 as confirmed by the judgment dated 30.03.2021 in Criminal
Appeal No.470/2019 on the files of the Court of the 1st Additional
Sessions Judge,Kozhikode,pending final disposal 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:
Crl.Rev.Pet No.613/2021 2/2
ORDER
Learned counsel for the revision petitioners submits that Rs.20,000/- has already been deposited at the Appellant Court.
The sentence shall stand suspended on deposit of a further sum of Rs.10,000/-(Rupees Ten Thousand Only) at the court below within two months,and also on execution of a bond of Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the trial court.
Sd/- DR. KAUSER EDAPPAGATH JUDGE
09-11-2021 /True Copy/ Assistant Registrar
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