Muhammed Azarudheen vs Shamsudheen
2022 Latest Caselaw 1025 Ker

Crl.Rev.Pet No.43/2022                            1/1

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
              Tuesday, the 25th day of January 2022 / 5th Magha, 1943
                CRL.M.APPL.NO.1/2022 IN CRL.REV.PET NO. 43 OF 2022
               CRA NO.109/2019 OF SESSIONS COURT, KALPETTA, WAYANAD
          STC NO.13/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KALPETTA
   REVISION PETITIONER/APPELLANT/ACCUSED:

           MUHAMMED AZARUDHEEN, AGED 54 YEARS, S/O.AADAM, FOUZIYA QUARTERS, WMO
           MUTTIL, MUTTIL POST, MUTTIL VILLAGE, VYTHIRI TALUK, WAYANAD
           DISTRICT.

   RESPONDENTS/RESPONDENTS/COMPLAINANT:

       1. SHAMSUDHEEN, AGED 45 YEARS, S/O.EANTHEEN, KATTAPPARA HOUSE,
          KUNNAMBETTA POST, KOTTAPPADY VILLAGE, VYTHIRI TALUK, WAYANAD
          DISTRICT, PIN-673 123.
       2. 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 by the judgment dated
   29.11.2021 in Crl.Appeal No.109/2019 of the Court of Sessions Judge,
   Kalpetta, Wayanad confirming the conviction and sentence awarded by the
   Judicial First Class Magistrate Court, Kalpetta in judgment dated
   27.11.2019 in STC.No.13/2019.
        This application coming on for orders upon perusing the application
   and upon hearing the arguments of M/s.M.B.SHYNI, RAJESH KUMAR R, RAMEES
   P.K, PAREETH LUTHUFIN K.B, V.R.ANILKUMAR & ERFANA PARAMBADAN, Advocates
   for the petitioner and of the Public Prosecutor for the 2nd respondent,
   the court passed the following:
                                      ORDER

The execution of sentence shall stand suspended on condition of the petitioner executing a bond for Rs.1,00,000/-(Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the trial court within two weeks from today and on further condition that the petitioner shall deposit Rs.30,000/-(Rupees Thirty thousand only) at the trial court within the above said period.

                                                  Sd/- DR. KAUSER EDAPPAGATH JUDGE




25-01-2022                          /True Copy/                             Assistant Registrar