Binu G vs Thankamma Koshy
2023 Latest Caselaw 13764 Ker

Kerala High Court

Binu G vs Thankamma Koshy on 29 December, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE G.GIRISH
          Friday, the 29th day of December 2023 / 8th Pousha, 1945
            CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1347 OF 2023
      ST 41/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, RANNY

       CRA 13/2019 OF ADDITIONAL SESSIONS COURT - IV, PATHANAMTHITTA

APPLICANT/REVISION PETITIONER:

     BINU G., AGED 44 YEARS, S/O GANGADHARAN, PUTHUVELIL HOUSE, CHITTAR
     P.O & VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT - 689663.

RESPONDENTS/RESPONDENTS:

  1. THANKAMMA KOSHY, AGED 66 YEARS, W/O CHERIYAN KOSHY, KAINON HOUSE,
     CHITTAR P.O & VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT -
     689663.
  2. THE 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 execution of the conviction and
sentence passed in the Judgment dated 26.10.2023 in Criminal Appeal
No.13/2019 of the Addl. Sessions Judge - IV, Pathanamthitta which
confirmed the conviction and sentence as per Judgment dated 21.01.2019 in
S.T.No.41/2017 of the JFMC - II, Ranni, pending disposal of this criminal
revision petition.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. MANU RAMACHANDRAN, SAMEER M NAIR,
M.KIRANLAL, R.RAJESH (VARKALA), SAILAKSHMI MENON, JOTHISHA K.A.,
T.S.SARATH, DELLA MARIAM THOMAS, Advocates for the petitioner and of
PUBLIC PROSECUTOR for the second respondent, the Court passed the
following:

                                                                  P.T.O.
                       G. GIRISH, J.
               ------------------------------
           Crl.Rev.Pet.No. 1347 of 2023
              ---------------------------------
     Dated this the 29th day of December, 2023

                            ORDER

The revision petitioner has filed this petition under

Sec.397(1) CrPC for suspending sentence imposed by the

Addl.Sessions Judge-IV Pathanamthitta as per judgment dated

26.10.2023 in Criminal Appeal No.13/2019.

Heard the learned counsel for the petitioner. The sentence

imposed by the Court below will stand suspended on execution of

bond of Rs.3 lakhs with two solvent sureties each for the like

amount subject to following conditions:-

1. The petitioner shall deposit 20% of the compensation amount

before the Trial Court within a period of 6 weeks from this

date.

2. The petitioner shall appear before the Court below as and

when directed.

Heard the learned counsel for the petitioner. Admit. The

learned Public Prosecutor takes notice for respondents No 2. Issue

notice to the respondent No.1 by speed post. For return of notice,

post on 29.01.2024.

Sd/-

G.GIRISH JUDGE SM 29-12-2023 /True Copy/ Assistant Registrar