Abdul Majeed vs State Of Kerala
2022 Latest Caselaw 7075 Ker

CRL.A No.621/2022                              1/2

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                    Friday, the 17th day of June 2022 / 27th Jyaishta, 1944

                            CMA.NO.1/2022 IN CRL.A NO. 621 OF 2022

   SC 314/2018        Special Court for the Trial of SC/ST (Prevention of Atrocities)
                                       Act, Kozhikode

   PETITIONER/APPELLANT

          ABDUL MAJEED S/O. VADAKKE MANNATH HAJI, AGED 44 YEARS, PALLIPARAMBU
          HOUSE, LAKSHAM VEEDU,THIKKODI POST, THIKKODI AMSOM DESOM, KOYILANDY
          TALUK, KOZHIKODE DIST, PIN-673523.

   RESPONDENTS/RESPONDENTS

      1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
         KERALA,,ERNAKULAM, PIN - 682031
      2. BINDHU, AGED 41 YEARS D/O. KUMARAN, MEPPAYUR POST, KOYILANDY TALUK,
         KOZHIKODE DISTRICT PIN - 673524.


          Application praying that in the circumstances stated therein the
   High Court be pleased to suspend the execution of sentence passed by the
   Honourable Special Judge for the Trial of SC/ST (Prevention of Atrocities)
   Act, Kozhikode in SC 314/2018 Judgment dated 11.5.2022 in Crime No.673 of
   year 2017 of Payyoli Police Station, Kozhikode.



          This Application coming on for orders upon perusing the application
   and upon hearing the arguments of M/S SHANID P, P.P.HASHICK, Advocates for
   the petitioners and of PUBLIC PROSECUTOR           for R1, the court passed the
   following:




                                            ORDER

Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.

Learned Public Prosecutor submitted that notice has been served to the victim. But there is no appearance. Having heard both sides, I am of the view that the execution of sentence can be suspended on conditions.

CRL.A No.621/2022 2/2

In the result, this petition is allowed. The execution of the sentence against the petitioner is suspended on the following conditions.

(i) The petitioner shall execute 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 court below.

(ii) the petitioner shall deposit the entire fine amount at the court below within one month.

Sd/- DR. KAUSER EDAPPAGATH JUDGE

17-06-2022 /True Copy/ Assistant Registrar