Kunhikrishnan vs S.I. Of Police,Payyoli
2023 Latest Caselaw 9125 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
         Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
        CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 189 OF 2005
        CRA 588/2002 OF ADDITIONAL SESSIONS COURT -III, KOZHIKODE
     CC 243/2000 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PAYYOLI

PETITIONER/REVISION PETITIONER/ACCUSED:


     KUNHIKRISHNAN PUTHENMAREHALIL, S/O CHATHAM, PUTERMAREHALIL,
     AYANIKKADU, AMSOM DESOM, KOZHIKODE - 673 521.

RESPONDENT/RESPONDENTS:

  1. S.I. OF POLICE, PAYYOLI PAYYOLI POLICE STATION - 673 522.
  2. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     FKERALA, ERNAKULAM - 682031


     Application praying that in the circumstances stated therein the
High Court be pleased to permit the petitioner to execute the direction
contained in the judgment dated 18.01.2016 in Crl.R.P. No.189/2005 by
granting him a further date for surrender before the Judicial I Class
Magistrate Court, Payyoli, in order to secure the interest of justice.



     This application coming on for orders upon perusing the application
and this Court's final Order dated 18/01/2016 upon hearing the arguments
of Smt.K.V.RESHMI, Advocate for the petitioner and of PUBLIC PROSECUTOR
for the respondents, the Court passed the following:




                                          [P.T.O.]
                          BECHU KURIAN THOMAS, J.
                        =-=-=-=-=-=-=-=-=-=-=-=-=-=
                             Crl.M.A.No.1 of 2023
                                       in
                            Crl.R.P.No.189 of 2005
                        =-=-=-=-=-=-=-=-=-=-=-=-=-=
                    Dated this the 23rd day of August, 2023

                                       ORDER

By order dated 18.01.2016, the revision petition was allowed

by modifying the sentence of imprisonment imposed upon the

petitioner to imprisonment till the rising of the court and a

compensation of Rs.20,000/- to be paid to PW1.

2. The date for surrender before the court was fixed as

01.03.2016 to suffer the sentence. For reasons that are stated in

the present application, petitioner could not appear before the court

to receive the sentence of imprisonment and he seeks modification.

Having regard to the fact that there is no default sentence, I

am of the view that the date for receiving the sentence can be

varied to 'on or before 02.09.2023'. Ordered accordingly.

Sd/-

BECHU KURIAN THOMAS, JUDGE RKM

23-08-2023 /True Copy/ Assistant Registrar