Narayanan @ Thankamani vs State Of Kerala
2022 Latest Caselaw 8249 Ker

                    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. 542 OF 2022

              SC 454/2018 OF ADDITIONAL SESSIONS COURT, OTTAPALAM

PETITIONER/APPELLANT

  1. NARAYANAN @ THANKAMANI, AGED 63 YEARS ,S/O.ARUMUGHAN, NHALOOR
     PALLIYALIL VEEDU, KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT,, PIN -
     679122
  2. GIREESH AGED 32 YEARS S/O.NARAYANAN, NHALOOR PALLIYALIL VEEDU,
     KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT, PIN - 679122
  3. UNNIKRISHNAN @ VAVA ,AGED 31 YEARS ,S/O.NARAYANAN, NHALOOR
     PALLIYALIL VEEDU, KAYILIYAD, OTTAPALAM PALAKKAD DISTRICT, PIN -
     679122

RESPONDENT/RESPONDENT

        STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
        KERALA, PIN - 682031


        Application praying that in the circumstances stated therein the
High Court be pleased to pass an order suspending the execution of the
sentence imposed on the petitioners by the Additional Sessions Judge,
Ottapalam in Sessions Case No.454/2018 dated 17.05.2022 and to release the
petitioners on bail, pending final disposal of the above Criminal Appeal.



        This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.NIREESH MATHEW, Advocate for the
petitioners and of PUBLIC PROSECUTOR    for the respondent, the court passed
the following:




P.T.O
                      ZIYAD RAHMAN A.A, J.
                   -----------------------
                    Crl.M.A.No.1 of 2022
                              in
                  Crl.Appeal No.542/2022
                 ------------------------
           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.454/2018 on the file of the Additional

Sessions Judge, Ottapalam. As per the judgment

impugned in this case, the petitioners were found

guilty for the offences punishable under Sections

341,323,326 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 under Section 326 of the IPC and rigorous

imprisonment for 10 years each and a fine of

Rs.50,000/- each under Section 307 of IPC.

2. After perusing the judgment impugned in

this case and also hearing the learned Public

Prosecutor, I am of the view that, the sentence

imposed upon the petitioners 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 17.05.2022 in

Sessions Case No.454/2018 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