Raheem A.M vs State Of Kerala
2023 Latest Caselaw 13189 Ker

Kerala High Court

Raheem A.M vs State Of Kerala on 15 December, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
       Friday, the 15th day of December 2023 / 24th Agrahayana, 1945
            CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1288 OF 2023
 CRA 122/2014 AND CRA 123/2014 OF ADDITIONAL SESSIONS COURT - I, ERNAKULAM

 CC 30/2009 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (E&O),ERNAKULAM

APPLICANTS/REVISION PETITIONER:

  1. RAHEEM A.M., AGED 51 YEARS, S/O. MOHAMMED KUTTY, CMK QUARTERS,
     ASARIKANDI PARAMBU, NEAR CO- OPERATIVE BANK, CHERUVANOOR POST,
     KOZHIKODE DISTRICT, KERALA - 673620.
  2. MOHAMMED A.T., AGED 45 YEARS, S/O. E.K. MOIDUTTY, NAFEESA MANZIL,
     OLD ROAD JUNCTION, PRAKKALAM KANNOR ROAD, THALASSERY, KERALA -
     670643.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA - 682031.
  2. ASSISTANT COMMISSIONER OF CUSTOMS, CUSTOMS PREVENTIVE, COCHIN,
     REPRESENTED BY THE OFFICE OF DEPUTY SOLICITOR GENERAL, HIGH COURT OF
     KERALA - 682031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence imposed
against the petitioners in C.C.NO.30/2009 passed by the Court of the
Additional Chief Judicial Magistrate (Economic Offences), Ernakulam by the
order of conviction and sentence dated 25/02/2014, which stands confirmed
by the Court of the Addl.Sessions Judge - I, Ernakulam in Crl.Appeal
Nos.122/2014 and 123/2014 by the common Judgment dated 05/09/2023, in the
interest of justice.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. MANU TOM, BALAMURALI K.P.,
K.R.JITHIN, SHAJI T.M., RENIL IQUBAL K., HARIPRIYA.M, M.B.SOORI & AMAL C.
PETER, Advocates for the petitioners and of PUBLIC PROSECUTOR for the
respondents, the Court passed the following:

                                                                   P.T.O.
                              P.G. AJITHKUMAR, J.
              -----------------------------------------------------
                         Crl.Rev.Pet.No.1288 of 2023
              ------------------------------------------------------
                 Dated this the 15th day of December, 2023


                                      ORDER

Admit.

The learned Public Prosecutor takes notice for the 1st

respondent. The learned Standing Counsel takes notice for the

2nd respondent.

Heard the learned counsel for the petitioner and the

learned Public Prosecutor.

Considering the fact that the petitioners were on bail

pending the trial and the appeal, sentence is suspended on

the petitioners executing a bond for Rs.2,00,000/-(Rupees

Two lakhs only) with two solvent sureties each for the like

sum to the satisfaction of the trial Court and subject to the

condition that they shall deposit the fine amount in the trial

court within a period of two months.

Sd/-

P.G. AJITHKUMAR, JUDGE PV

15-12-2023 /True Copy/ Assistant Registrar