Kiran vs State Of Kerala, Represented By ...
2022 Latest Caselaw 9508 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                   THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
             Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
                  CRL.M.APPL.NO.3/2022 IN CRL.A NO. 835 OF 2022
              SC 203/2020 OF I ADDITIONAL SESSIONS COURT, KOZHIKODE
APPELLANT:

     KIRAN, AGED 40 YEARS, S/O KRISHNAN NAIR, MYLANKOTTU PUTHAN HOUSE,
     KARAMANA, NIRMARKARA POST NOW RESIDING AT CHITTEDATH MEETHAL HOUSE,
     KANNADIKKAL.

RESPONDENT:

     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR REPRESENTED BY
     PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

     Application praying that in the circumstances stated therein the
 High Court be pleased to suspend the execution of the sentence ordered by
the Additional Sessions Court-I, Kozhikkode in S.C No 203/20 which is
disposed on 04.05.2022 in the interest of the justice till the disposal of
the appeal.
     This Application coming on for Admission upon perusing the
application and upon hearing the arguments of SREEKANTH IDUKKAPARAKKAL,
Advocate for the petitioner, and of the PUBLIC PROSECUTOR         for the
respondent, the court passed the following:




                                                              (pto)
                        ZIYAD RAHMAN A.A., J.
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                        Crl.M. A. No.3 of 2022
                                      &
                     Crl.Appeal No.835 of 2022
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                  Dated this the 25th day of August, 2022



                                  ORDER

Crl.Appeal No.835/2022

Admit.

The learned Public Prosecutor takes notice for the

respondent.

Crl.M.A. No.3/2022

This is an application for suspending the sentence imposed

upon the petitioner. As per the impugned judgment, he stands

convicted for the offences punishable under Sections 326 and

307 of the Indian Penal Code. The petitioner was sentenced to

undergo rigorous imprisonment for three years and to pay a fine

of `10,000/- (Rupees ten thousand only) for the offence under

Section 326 and rigorous imprisonment for 10 years with a fine of

`50,000/- (Rupees Fifty thousand only) for the offence under Crl.Appeal No.835/2022

Section 307 of the Indian Penal Code.

When the matter came up for consideration, the learned

Public Prosecutor, even though opposed the application for

suspension of the sentence, submitted that the petitioner does

not have any criminal antecedents. In such circumstances, taking

note of the contentions that has been raised in this Crl. Appeal,

and the materials placed before me, I am inclined to suspend the

sentence of the petitioner.

Accordingly, it is ordered that the sentence imposed upon

the petitioner shall stand suspended upon the petitioner executing

a bond of `1 lakh with two solvent sureties each for the like sum

to the satisfaction of the 1st Additional Sessions Court, Kozhikode

and also on deposit of `25,000/- (Rupees twenty five thousand

only) towards the fine. However it is clarified that, the petitioner

shall be granted time for 30 days from the date of his release to

make the deposit.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd/25.08.2022

25-08-2022 /True Copy/ Assistant Registrar