Cinu vs State Of Kerala
2022 Latest Caselaw 12193 Ker

Citation : 2022 Latest Caselaw 12193 Ker
Judgement Date : 22 December, 2022

Kerala High Court

Cinu vs State Of Kerala on 22 December, 2022

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Thursday, the 22nd day of December 2022 / 1st Pousha, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 1310 OF 2022
            SC 293/2013 OF ADDITIONAL SESSIONS COURT-V, KOTTAYAM

PETITIONERS/APPELLANTS/ACCUSED:


  1. CINU, AGED 44 YEARS, SON OF SUKUMARAN, ALATTAN CHOLA MATHAMANGALAM
     KARA, ERUMADU VILLAGE, GOODALLOOR TALUK, NILGIRI DISTRICT, TAMIL
     NADU.
  2. PAVITHRAN, AGED 42 YEARS, SON OF NARAYANAN, ENAROTHU VEEDU,
     MANANTHERI KARA, MANANTHERI VILLAGE, KANOOR DISTRICT, RESIDING AT
     THE HOUSE OF KUNJU MOHAMMED, NEAR BATHERI BLOCK OFFICE, BATHER
     VILLAGE, SULTHAN BATHERI TALUK.

RESPONDENT/STATE:

     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 sentence imposed by the judgment in
S.C.No.293/2007 dated 16.11.2022 of the Sessions Court, Kottayam Division
arising from Crime No.550/2007 of Changanacherry Police Station, C. P.
No.63/2012 of Hon'ble Judicial First Class Magistrate Court-I,
Changanassery till the pendency and disposal of this Criminal Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI ALEX K.JOHN, Advocates for the
petitioners and of the PUBLIC PROSECUTOR for respondent, the court passed
the following:




                                                                      P.T.O.
                          A.BADHARUDEEN, J.
                      -----------------------------------
                         Crl.M.A.No.1 of 2022
                                      in
                         Crl.A.No.1310 of 2022
                      -----------------------------------
                  Dated, this the 22nd December, 2022


                               ORDER

This is an application filed by the appellants/accused Nos.1 and 2

to suspend sentence and to grant bail to the appellants/accused Nos.1

and 2, where they were convicted under Section 55(a) of the Kerala

Abkari Act, and sentenced the appellants to undergo rigorous

imprisonment for a period of 2 years and to pay a fine of Rs.1,00,000/-

each, by the Sessions Court.

2. Heard the learned counsel for the

petitioners/appellants/accused as well as the learned Public Prosecutor.

3. Going through the judgment, at par with the arguments

advanced, the appellants have an arguable case. Therefore, there is no

reason to disallow the application and, therefore, the petition to suspend

the sentence is allowed on the following conditions:

i) Appellants/accused shall deposit 10% of fine amount imposed by the Sessions Court within Crl.M.A.No.1/2022 in Crl.A.No.1310/2022

two weeks from today.

ii) The appellants/accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- each with two solvent sureties each to the satisfaction of the Sessions Court, within a further period of one week.

iii) The appellants/accused shall not involve in any other crimes and any such involvement if reported or came to the knowledge of this Court, the same is a reason to cancel this order/suspending sentence and consequential cancellation of bail hereby granted.