E.K Sulaikha vs Kunhimuhammed
2023 Latest Caselaw 8744 Ker

Citation : 2023 Latest Caselaw 8744 Ker
Judgement Date : 9 August, 2023

Kerala High Court

E.K Sulaikha vs Kunhimuhammed on 9 August, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
         Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
             CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 12 OF 2023
       CC 1204/2013 OF JUDICIAL MAGISTRATE OF FIRST CLASS , PATTAMBI
           CRA 20/2020 OF ADDITIONAL SESSIONS COURT - V, PALAKKAD
PETITIOENR/REVISION PETITIONER:

     E.K SULAIKHA, AGED 45 YEARS, D/O. MUHAMMED, ERIYAMKUNNATH HOUSE,
     SAI APARTMENT, NHANGATTIRI P.O, PATTAMBI TALUK, PALAKKAD
     DISTRICT, PIN - 679303.

RESPONDENTS/RESPONDENTS:

  1. KUNHIMUHAMMED, AGED 52 YEARS, S/O. MUHAMMED HAJI, NJATTUVELATHODI,
     MUTHUTHALAAMSOMDESOM, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN -
     679303.
  2. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA
     ERNAKULAM, PIN - 682031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence passed in CC NO.1204/2013 of
Judicial First Class Magistrate Court Pattambi and which was later
confirmed in Crl. Appeal No.20/2020 of Additional Sessions Court - V,
Palakkad, till the disposal in the appeal.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.A.T.ANILKUMAR & V.SHYLAJA, Advocates
for the petitioner and of M D ROSHINI for the first respondent and of
PUBLIC PROSECUTOR for the second respondent, the Court passed the
following:
               A.BADHARUDEEN, J.
    -----------------------------------
     Crl.M.A.No.1/2023 in Crl.R.P.No.12/2023
    -----------------------------------
      Dated, this the 9th August, 2023


                     O R D E R

This is an application filed by the revision

petitioner/accused to suspend sentence and to

grant bail to her, where she was convicted for

the offence punishable under Section 138 of the

Negotiable Instruments Act, and sentenced to

undergo simple imprisonment till rising of the

court and to pay a fine of Rs.2,50,000/- by the

Sessions Court. In default of payment of fine,

simple imprisonment for three months also was

imposed against the revision petitioner/accused.

2. Heard the learned counsel for the

revision petitioner/accused as well as the

learned Public Prosecutor.

3. Going through the judgment, at par with

the arguments advanced, the revision petitioner

has an arguable case. Therefore, there is no Crl.M.A.No.1/2023 in Crl.R.P.No.12/2023

reason to disallow the application and,

therefore, the petition to suspend the sentence

and grant bail, is allowed on the following

conditions:

i) The revision petitioner/ accused shall deposit 20% (twenty percentage) of fine amount imposed by the Sessions Court within two weeks from today.

ii) The revision petitioner/ accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- with two solvent sureties each to the satisfaction of the Magistrate Court, within a further period of one week.

It is made clear that bail bond shall not be

allowed to be executed without depositing 20%

(twenty percentage) of fine amount imposed by the

Sessions Court.

If the bail bond is not executed after Crl.M.A.No.1/2023 in Crl.R.P.No.12/2023

depositing the fine amount within the

stipulated time, the trial court can execute

the sentence, finding that the suspension of

sentence shall stand expired after a period of

three weeks from today.

Sd/-

A. BADHARUDEEN JUDGE Bb