Citation : 2023 Latest Caselaw 1823 Ker
Judgement Date : 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Wednesday, the 1st day of February 2023 / 12th Magha, 1944
CRL.M.APPL.NO.1/2020 IN CRL.A NO. 481 OF 2020
SC 36/2013 OF ADDITIONAL SESSIONS COURT - III, MAVELIKKARA
PETITIONER/PETITIONER:
SANTHOSH KUMAR, AGED 46 YEARS, S/O. GOPALKRISHNA PILLAI, KONATHU
VEEDU, MUTHUKATTUKARA MURI, PALAMEL VILLAGE, FROM CHAROOR VEEDU,
EDAKUNNAM MURI, NOORANAD VILLAGE, ALAPPUZHA DISTRICT.
RESPONDENT/RESPONDENT:
THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of conviction and sentence
dated 23/03/2020 in S.C.No.36/2013 of the Court of Additional Sessions
Judge-III,Mavelikkara,pending disposal of this Memorandum of Criminal
Appeal.
This Application coming on for orders upon perusing the application
and the arguments of S.SHANAVAS KHAN, SMT.S.INDU, Advocates for the
petitioner, and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
(PTO)
ALEXANDER THOMAS & C.S.SUDHA, JJ.
=================================
Crl.M.A No.1 of 2020
in
Crl.Appeal No.481 of 2020
[arising out of the impugned judgment dated 23.03.2020 in S.C No.36/2013
on the file of the Addl. Sessions Court-III, Mavelikara]
=================================
Dated this the 01st day of February, 2023
ORDER
The learned Public Prosecutor seeks time to file written objections of the
prosecution agency to the plea for sentence suspension.
2. The Registry has also reported that a petition/representation dated
11.06.2022 submitted by the applicant through the jail authorities, so received
by the Registry, has also been placed for orders on judicial side.
3. The Registry may furnish copies of the English translated versions
of the said petition of the applicant/accused to both Sri.S.Shanavas Khan,
learned counsel appearing for the applicant/accused and Sri.P.G.Manu, learned
Public Prosecutor appearing in this case. The learned Prosecutor will secure
factual instructions from the jail authorities regarding the allegations in the said
petition. The learned Prosecutor may also file objections to the plea for
sentence suspension.
List the case on 01/03/2023.
Hand Over
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C.S.SUDHA, JUDGE vgd 01-02-2023 /True Copy/ Assistant Registrar
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