Kerala High Court
Midhun Krishnan vs State Of Kerala on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 349 OF 2020
SC 833/2010 OF I ADDITIONAL SESSIONS COURT,THRISSUR
PETITIONER/ 2ND APPELLANT/ACCUSED No.3:
SUNEESH,,S/O.SUBRAN, MADAPATTIL HOUSE, THURUTHIPARAMBU, ALOOR
VILLAGE.
RESPONDENT/RESPONDENT/COMPLAINANT:
STATE ,REP BY SI OF POLICE,CHALAKKUDI THROUGH PUBLIC PROSECUTOR ,
HIGH COURT OF KERALA,HIGH COURT BUILDING,KOCHI,683031
Application praying that in the circumstances stated therein the
High Court be pleased to extent the order of suspension of sentence under
the impunged judgment in SC 833 of 2010 dt.24.12.2019 of the 1st
Addl.Sessions Court Thrissur till the disosal of the appeal or for any
other period this Hon'ble court may deem fit to grant.
This Application coming on for orders upon perusing the application
and this court's order dated 28.07.2021 in Crl.M.A.3 of 2021 and this
court's order dated 16.07.2021 in Crl.M.A.2 of 2021 and upon hearing the
arguments of MR.V.T.RAGHUNATH,A.K.PREETA,C.V.RAJALAKSHMI Advocates for
the petitioner and the PUBLIC PROSECUTOR for the respondent, the court
passed the following:
P.T.O
K.VINOD CHANDRAN & ZIYAD RAHMAN A.A., JJ.
-----------------------------------------------------------
Crl.M.A.No. 1 of 2022
in
Crl.Appeal No. 349 of 2020
-------------------------------------------------
Dated this the 13th day of January, 2022
ORDER
Ziyad Rahman A.A., J.
This is an application submitted by the 2nd
appellant/3rd accused seeking extension of the interim
bail granted to him. As per the order dated 17.12.2020,
the application submitted by the petitioner herein as
well as the 1st accused was considered by this Court on
merits and an order suspending the sentence imposed
upon them was passed for a period of six months. Later,
the said order as against the petitioner herein was
revived and extended for a further period of six months
as per the order dated 28.7.2021 in Crl.M.A.No.3 of
2021. This petition is submitted by the petitioner
seeking to extend the aforesaid period.
2. It is evident from the records that this Court
considered the petition submitted by the petitioner for
suspension of sentence on merits and the order
suspending the sentence was passed in his favour for a
limited period. As per order dated 16.7.2021 in
Crl.M.A.No.2/2021, this Court has already extended the
Crl.M.A.No. 1 /2022 in Crl.A.349 of 2020
order of suspension of sentence in respect of the 1st
accused until the disposal of the appeal. In such
circumstances, we are of the view that, the order of
suspension of sentence passed against the petitioner
herein can be extended until the disposal of the
appeal.
Accordingly, this petition is allowed and the
order of suspension of sentence imposed upon the
petitioner shall stand extended until the final
disposal of the appeal, subject to the very same terms
and conditions as contained in the order dated
17.12.2020 in Crl.M.A.No.1 of 2020.
Sd/- Sd/-
K. VINOD CHANDRAN ZIYAD RAHMAN A.A.
JUDGE JUDGE
pkk
13-01-2022 /True Copy/ Assistant Registrar
