Kerala High Court
Eni vs The Station House Officer on 1 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Friday, the 1st day of July 2022 / 10th Ashadha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 660 OF 2022
SC 524/2018 OF ADDITIONAL SESSIONS COURT, OTTAPALAM
PETITIONERS/PETITIONERS
1. ENI, AGED 66 YEARS, S/O MUHAMMED, KUNJALI HOUSE, PERADIYUR,
VILAYUR, PALAKKAD DISTRICT- 679309
2. MUHAMMED MUSTHAFA, AGED 43 YEARS, S/O ENI, KUNJALI HOUSE,
PERADIYUR, VILAYUR, PALAKKAD DISTRICT- 679309
3. VAHAB @ ABDUL VAHAB, AGED 33 YEARS, S/O ENI, KUNJALI HOUSE,
PERADIYUR, VILAYUR, PALAKKAD DISTRICT- 679309
RESPONDENTS/RESPONDENTS
1. THE STATION HOUSE OFFICER, PATTAMBI POLICE STATION, PALAKKAD
DISTIRCT, PIN - 679303
2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA,ERNAKULAM- 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioners
by the Court of the Additional Sessions Judge, Ottapalam, dated 21.06.2022
in S.C.524/2018 and to release them on bail.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S SUNNY MATHEW, NIKITTA TRESSY GEORGE
Advocates for the petitioners and PUBLIC PROSECUTOR for the
respondents,the court passed the following:
p.t.o
ZIYAD RAHMAN A.A, J.
-----------------------
Crl.M.A.No.1 of 2022
in
Crl.Appeal No.660/2022
------------------------
Dated this the 1st day of July, 2022
O R D E R
This is an application submitted by the
petitioners/appellants who are the accused Nos.1 to
3 in S.C.No.524/2018 on the file of the Additional
Sessions Court, Ottapalam. As per the judgment
impugned in this case, the petitioners were found
guilty for the offences punishable under Sections
341,323,506(ii) and 307 r/w. Section 34 of the
Indian Penal Code (IPC). The sentence imposed upon
the petitioners includes rigorous imprisonment for
a period of 10 years and to pay a fine of
Rs.50,000/- each.
2. I have gone through the records, after
perusing the observations made by the learned
Sessions Judge in the impugned judgment and also
considering the inputs provided by the learned
Public Prosecutor, I am of the view that, the
sentence imposed upon the petitioners/appellants can
be suspended. This is particularly because, no
criminal antecedents of any of the petitioners herein
were brought to my notice.
3. In such circumstances, the sentence imposed
upon the petitioners by the Additional Sessions
Court, Ottapalam as per judgment dated 21.06.2022 in
Sessions Case No.524/2018 shall stand suspended upon
the petitioners executing bonds for a sum of
Rs.1,00,000/- each with two solvent sureties each for
the like sum to the satisfaction of the learned
Sessions Judge. It is also ordered that, while
executing bonds as ordered, the petitioners shall
surrender their passport before the learned Sessions
Judge and, in case, any of the petitioners are not
issued with any passport so far, an affidavit to that
effect shall be submitted before the trial court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
pkk
01-07-2022 /True Copy/ Assistant Registrar
