Sanal Kumar vs The State Of Kerala
2022 Latest Caselaw 1983 Ker

CRL.A No.797/2021                                  1/1

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                           THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                    Friday, the 18th day of February 2022 / 29th Magha, 1943
                         CRL.M.APPL.NO.2/2022 IN CRL.A NO. 797 OF 2021

         SC 534/2015 OF THE ADDITIONAL SESSIONS COURT-1, THIRUVANANTHAPURAM.


   PETITIONERS/1ST APPELLANT:


    SANAL KUMAR, AGED 42 YEARS, S/O.SEKHARAN, RAJAJI NAGAR, FLAT NO.683,
    THAMPANOOR WARD, THYCAUD  VILLAGE, THIRUVANANTHAPURAM.


   RESPONDENT/RESPONDENT:


    THE STATE OF KERALA, REPRESENTED BY 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 sentence passed against this
   petitioner in Judgment in Sessions Case No.534/2015 dated 05/11/2021 in
   Court of the Additional Sessions Judge-1, Thiruvananthapuram in the
   interest of justice.


          This Application coming on for orders upon perusing the application
   and upon hearing the arguments of M/S M.V.AMARESAN, S.S.ARAVIND, Advocates
   for the petitioners and PUBLIC PROSECUTOR for the respondent, the court
   passed the following:

                                              ORDER

This is an application filed under Section 389(1) of the Code of Criminal Procedure (for short the Code), seeking to suspend the execution of the sentence imposed by the Judgment assailed in the appeal on hand. It is found that Crl.M.A. 1/2021 was filed by the petitioner for the same relief and that application was dimissed on merits. Therefore, the present application is not maintainable.

In the result the application stands dismissed.

Sd/-MARY JOSEPH, JUDGE

18-02-2022 /True Copy/ Assistant Registrar