Kerala High Court
M.P.Prajin @ Prajith vs State Of Kerala on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
CRL.M.APPL.NO.1/2020 IN CRL.A NO. 246 OF 2018
SC 332 /2010 OF THE ADDITIONAL SESSIONS COURT-III,THALASSERY
PETITIONER/APPELLANT/ACCUSED No.2:
M.P.PRAJIN @ PRAJITH ,AGED 32 YEARS, S/O.PRADEEP
KUMAR,MUNDANHIPPANNAYIL HOUSE, ARANGOTTAM,AZHEEKODE AMSOM,KANNUR
DIST.PIN-670009
RESPONDENT/COMPLAINANT:
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 further execution of sentence passed
vide Judgment dated 21.12.2017 in S.C.No.332/2010 on the files of
Addl.Sessions Judge-III , Thalassery and to release the petitioner on bail
, till the disposal of the above appeal in the interest of justice.
This Application coming on for orders upon perusing the
application and this court's order dated 22.01.2019 in Crl.M.A 2/2018 and
upon hearing the arguments of M/S.RENJITH B.MARAR, LAKSHMI.N.KAIMAL,
V.KRISHNADAS ,VIMAL VIJAY,Advocates for the petitioner and of PUBLIC
PROSECUTOR for the respondent, the court passed the following:
P.T.O
ALEXANDER THOMAS & SOPHY THOMAS, JJ.
==============================================
Crl. M. A. Nos. 1 of 2020 & 1 of 2023
in
Crl. Appeal No. 246 of 2018
(arising out of the impugned judgment dated 21.12.2017 in S.C.No. 332/2010
on the file of the Addl. Sessions Court-III, Thalassery)
==============================================
Dated this the 17th day of January, 2023
OR DER
Crl.M.A. No. 1/2023 in Crl. Appeal No. 246/2018
Both sides submit that both the abovesaid Criminal
Miscellaneous Applications are for the self-same prayer and the latter
Crl.M.A. has been filed during the pendency of the former Crl.M.A.
2. The learned Prosecutor submits that one of the Crl.M.A.s
will have to be closed without prejudice to the contentions of the
applicant in the other Crl.M.A.
3. Sri.Renjit B.Marar, learned counsel appearing for the
applicant, submits that the latter Crl.M.A. No.1/2023 may be closed,
without prejudice to the applicant to press for the relief in the former
Crl.M.A. No. 1/2020.
4. Recording the submissions of the applicant, the above
Crl.M.A. No.1/2023 will stand dismissed as not pressed.
Crl.M.A. No. 1/2020 in Crl. Appeal No. 246/2018
This is an application for suspension of the impugned sentence.
Crl.M.A.Nos. 1/2020 & 1/2023 in
Crl. Appeal No. 246/2018
- : 2 :-
2. The learned Prosecutor submits that for the self-same
prayer for suspension of the impugned sentence, the applicant had
earlier filed Crl.M.A.No.2/2018 in this Appeal, which, after detailed
consideration, has already been dismissed by this Court, as per order
dated 22.1.2019 on Crl.M.A. No.2/2018 in this Crl. Appeal and that,
therefore, the present prayer in Crl.M.A. No.1/2020 is, ordinarily, not
maintainable.
3. The counsel for the applicant submits that there is a
change of circumstance now.
4. The learned Prosecutor may file written objections in the
matter and the abovesaid objection, regarding the dismissal of
Crl.M.A.No.2/2018 as per order dated 22.1.2019, can also be taken up
as their contention.
List Crl.M.A. No. 1/2020 on 15.2.2023.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
SOPHY THOMAS, JUDGE
MMG
17-01-2023 /True Copy/ Assistant Registrar
