Citation : 2023 Latest Caselaw 5278 Ker
Judgement Date : 20 April, 2023
CRL.A No.616/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 20th day of April 2023 / 30th Chaithra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO. 616 OF 2023
SC 61/2017 OF ADDITIONAL ASSISTANT SESSIONS COURT, IRINJALAKUDA
APPELLANT/2ND ACCUSED:
VINAYAPRASAD, AGED 31 YEARS,S/O.SIVADAS, PONATH HOUSE, VALAPPAD
BEACH ,VALAPPAD DESOM, THRISSUR
RESPONDENT/COMPLAINANT:
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 conviction and sentence imposed upon
the appellant by Judgment dated 17th day of March 2023 in SC No.61/2017 of
the Additional Sessions Judge,Irinjalakuda and release the applicant on
bail pending disposal of the above criminal appeal , in the interest of
justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. SUSHANTH, C.K.PREM RAJ, PRASANTH
V.C., MISNA SALEEM, Advocates for the petitioner and of PUBLIC PROSECUTOR
for the respondent, the court passed the following:
ORDER
Heard the learned counsel apearing for the appellant and the learned Public
Prosecutor.
The learned Public Prosecutor opposes the suspension of sentence since the
offences for which the appellant who is the 2nd accused in S.C.No.61 of 2017 was
convicted include the offence punishable under Section 307 of the Indian Penal
Code , 1860.
Considering the facts and circumstances of the case as are discernible from CRL.A No.616/2023 2/2
the judgment , the sentence is suspended on the petitioner/2nd accused executing
a bond for Rs.50,000/-(Rupees fifty thousand only) along with two solvent
sureties each for the like sum to the satisfaction of the Additional Sessions
Court , Irinjalakuda and on condition that he shall deposit the entire fine
amount within one month.
Sd/- P.G. AJITHKUMAR JUDGE
20-04-2023 /True Copy/ Assistant Registrar
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