Abdul Salam vs State Of Kerala
2022 Latest Caselaw 12189 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
         Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO.1062 OF 2019
  SC 180/2013 OF SPECIAL COURT FOR THE TRIAL OF OFFENCES AGAINST CHILDREN
                  (ADDITIONAL SESSIONS COURT - I), MANJERI
APPLICANT/APPELLANT/ACCUSED:

     ABDUL SALAM, AGED 40 YEARS, S/O. MOIDEENKUTTY,   KAMMAMBATTA HOUSE,
     VILAYIL POST,
     MUTHUVALLUR VILLAGE, MALAPPURAM - 673 641.

RESPONDENT/RESPONDENT/COMPLAINANT:

     STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM - 682 031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the Applicant in
S.C.No.180 of 2013 on the files of the Special Court for the Trial of
Offences against Children (Additional Sessions Court-I, Manjeri) dated
30.07.2019, for such time as this Hon'ble Court may deem fit pending the
disposal of the Criminal Appeal, so as to secure the ends of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.VIJAYA BHANU (SR.),
SRI.M.REVIKRISHNAN, SRI.AJEESH K.SASI, SRI.P.M.RAFIQ, SRI.THOMAS
J.ANAKKALLUNKAL, SRI.V.C.SARATH, SRI.VIPIN NARAYAN, SMT.POOJA PANKAJ,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                    P.T.O.
                      ALEXANDER THOMAS & SOPHY THOMAS , JJ.
                               ==================
                      Crl.MA No.1/2022 in Crl.Appeal No.1062/2019
           (arising out of the judgment of guilty conviction and sentence in S.C. No.180/2013 on the
        files of the Special Court for the Trial of offences against Children (Additional Sessions Court
                                                    - I, Manjeri)
                              ==================
                     Dated this the 22nd day of December, 2022
                                     ORDER

After hearing both sides we note that the

applicant/appellant/accused has already filed Crl.MA No.1/2019 in

this Crl.Appeal, seeking the self same prayer for suspension of

sentence as made out in the present Crl.MA No.1/2022. The applicant

cannot file repeated applications seeking such self same prayer.

Further we note that the prosecution has already filed written

objection dated 01.07.2020 to the plea in Crl.MA No.1/2019 an the

said Crl.MA No.1/2019 is still pending. Hence, in such cases, it is for

the applicant to move the pending Crl.MA No.1/2019 for

consideration.

With the said liberty, Crl.MA No.1/2022 will stand dismissed.

sd/-

ALEXANDER THOMAS, JUDGE

sd/-

SOPHY THOMAS, JUDGE

Nsd

22-12-2022 /True Copy/ Assistant Registrar