G.Manoharan vs Jose Mathew
2023 Latest Caselaw 191 Ker

Citation : 2023 Latest Caselaw 191 Ker
Judgement Date : 6 January, 2023

Kerala High Court

G.Manoharan vs Jose Mathew on 6 January, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
          Friday, the 6th day of January 2023 / 16th Pousha, 1944
             CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 2 OF 2023

         CC 247/2017 OF CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA

                 CRA 63/2022 OF SESSIONS COURT, ALAPPUZHA

PETITIONER / PETITIONER:

     MANOHARAN G., AGED 55 YEARS, S/O GOPALAN R, NEENOOS, OPP. RATION
     SHOP, AVALOOKUNNU P.O, THONDANKULANGARA, ALAPPUZHA, PIN - 688006

RESPONDENTS / RESPONDENTS:

  1. JOSE MATHEW, AGED 46 YEARS, S/O T.V.MATHEW, THYPARAMBIL HOUSE,
     POONTHOPPU WARD, AVALOOKUNNU P.O, ALAPPUZHA, PIN - 688006
  2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, PIN - 682031

     Application praying that in the circumstances stated therein, the
High Court be pleased to suspend execution of sentence imposed on the
petitioner as per judgment dated 28-09-2022 in Crl.Appeal No.63 of 2022 on
the files of the Court of the Sessions Judge, Alappuzha and judgment dated
07-04-2022 in CC No.247 of 2017 on the files of the Court of Chief
Judicial Magistrate, Alappuzha, pending disposal of the above Criminal
Revision Petition.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of C.S.MANU, DILU JOSEPH, C.A.ANUPAMAN,
T.B.SIVAPRASAD, C.Y.VIJAY KUMAR, MANJU E.R., ANANDHU SATHEESH, ALINT
JOSEPH, Advocates for the petitioners, and of the PUBLIC PROSECUTOR for
the second respondent, the Court passed the following:


                                                                     p.t.o.
                     A.BADHARUDEEN, J.
                 -----------------------------------
                     Crl.M.A.No.1 of 2023
                                 in
                     Crl.R.P.No. 2 of 2023
                 -----------------------------------
            Dated, this the 6th day of January, 2023


                              ORDER

This is an application filed by the revision

petitioner/appellant/accused to suspend sentence and to grant

bail to the revision petitioner/appellant/accused, where he was

convicted for the offence punishable under Section 138 of the

Negotiable Instruments Act, 1881 (hereinafter referred to as

'the N.I.Act'), and sentenced to undergo simple imprisonment

for a period of one year and to pay a fine of Rs.15,00,000/-

(Rupees fifteen lakh only) by the Chief Judicial Magistrate,

Alappuzha in C.C.No.247/2017 and confirmed by the Sessions

Judge, Alappuzha inCrl.A.No.63/2022.

2. Heard the learned counsel for the revision

petitioner/appellant/accused as well as the learned Public Crl.M.A.No.1 of 2023 in Crl.R.P.No. 2 of 2023

Prosecutor.

3. The learned Public Prosecutor would submit that

the revision petitioner/appellant/accused has no criminal

antecedents.

4. Since it is submitted by the learned counsel for the

revision petitioner that in execution of the sentence, the

revision petitioner has been arrested on 05.01.2023 and he

has been in custody, I am inclined to suspend the sentence

and to release him on bail on the following conditions:

I) The revision petitioner/appellant/accused shall deposit Rs.6,00,000/- (Rupees six lakh only) [40%] out of the fine amount imposed by the Chief Judicial Magistrate Court, before the Chief Judicial Magistrate Court, Alappuzha within two weeks from today.

ii) The revision petitioner/appellant/accused, after deposit of the amount, shall execute bail bond for a sum of Rs.1,00,000/- Crl.M.A.No.1 of 2023 in Crl.R.P.No. 2 of 2023

(Rupees one lakh only) each by the revision petitioner/appellant/accused with two solvent sureties to the satisfaction of the Chief Judicial Magistrate Court, within a further period of one week.