C. P. Babu vs State Of Kerala
2022 Latest Caselaw 5740 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MRS. JUSTICE MARY JOSEPH
            Friday, the 27th day of May 2022 / 6th Jyaishta, 1944
                CRL.M.APPL.NO.1/2022 IN CRL.A NO. 550 OF 2022
 SC 463/2016 OF SPECIAL COURT FOR SC/ST(POA) ACT/ADDITIONAL SESSIONS COURT,
                                  MANNARKKAD
APPLICANTS/APPELLANTS:

  1. C. P. BABU, AGED 55 YEARS, S/O. POULOSE, CHOLAKKAL PUTHANPURA (H),
     OODAPETTI, JELLIPPARA, KALLAMALA VILLAGE, AGALI.,
  2. JAMSHEER, AGED 42 YEARS, S/O. SULAIMAN, NARUKOTTIL (H), AGALI
     VILLAGE.,
  3. SIVASANKARAN ,AGED 57 YEARS, S/O. SANKARAN NAIR, PARAPPURA (H),
     RAJEEV COLONY, AGALIP.O., AGALI VILLAGE.
  4. RAJESH, AGED 41 YEARS, S/O. RAVEENDRAN PILLA, RAJANI NIVAS,
     MATTATHUKAD.P.O., KOTTATHARA VILLAGE, AGALI.,
  5. MANIKANDAN, AGED 35 YEARS, S/O. GANESAN, BHOOTHIVAZHI, AGALI.P.O.,
     AGALI VILLAGE.,
  6. SUDHAKARAN ,AGED 42 YEARS, S/O. VELLAKUTTY, MANOOR(H),
     MATTATHUKAD.P.O., KOTTATHARA VILLAGE

RESPONDENT/RESPONDENT:

     STATE OF KERALA ,REPRESENTED BY 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
Applicants/Appellants , by Judgment in S.C. No.463/2016 on the files of
the Special Court for SC/ST(POA) Act/Additional Sessions Judge ,
Mannarkkad , dated 28.04.2022 , and release the applicants/appellants on
bail , pending disposal of the above Criminal Appeal , so as to secure the
ends of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.VIJAYA BHANU(Sr.), SRUTHY N. BHAT,
P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, RAHUL SUNIL, SRUTHY K.K,
Advocates for the petitioners and of PUBLIC PROSECUTOR for the respondent,
the court passed the following:


     P.T.O
                                   MARY JOSEPH, J.
                         ======================
                                 Crl.M.A.01 of 2022
                                          &
                            Crl.Appeal No.550 of 2022
                         ======================
                        Dated this the 27th day of May, 2022.

                                            ORDER

Admit.

Learned Public Prosecutor takes notice for the respondent.

Crl.M.A.No.01/2022

This is an application filed under Section 389 (1) of the Code of

Criminal Procedure, 1973 (for short 'Cr.P.C') seeking for suspension of

execution of sentence imposed by Special Court for SC/ST (POA)

Act/Additional Sessions Court, Mannarkkad (for short 'the trial court').

Heard. Petition stands allowed. Sentence assailed is suspended

and bail stands granted to the petitioners on execution by each of

them of a bond for Rs.1,00,000/- with two solvent sureties each for

the like sum to the satisfaction of the trial court and on deposit of

Rs.500/- by each of them before the trial court.

Sd/-

MARY JOSEPH JUDGE NAB

27-05-2022 /True Copy/ Assistant Registrar