Alan Thomas Varghese -C.No. 2706 vs State Of Kerala
2023 Latest Caselaw 3179 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
          Thursday, the 23rd day of March 2023 / 2nd Chaithra, 1945
                CRL.M.APPL.NO.1/2022 IN CRL.A NO. 577 OF 2020
     SC NO.350/2013 OF THE ADDITIONAL SESSIONS COURT IV, PATHANAMTHITTA
ACCUSED/APPELLANT/APPLICANT:

     ALAN THOMAS VARGHESE @ ALAN THOMAS
     S/O.THOMAS, CONVICT NO.C 2706,
     CENTRAL PRISON, TRIVANDRUM - 12C

COMPLAINANT/RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR


     Application praying that in the circumstances stated therein the
High Court be pleased to

     (1)hear applicant/appellant/accused in person orally vide video
conferencing

     (2)suspend aforestated judgment of conviction and sentence pending
disposal of Criminal Appeal No.577 of 2020 ;and

     (3)release the Applicant/Appellant/Accused on bail till appeal
decision, against personal bonds of his mother and brother.

     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI ALAN THOMAS VARGHESE (PARTY IN
PERSON) and of the PUBLIC PROSECUTOR for the respondent, the court passed
the following:




                                                                    P.T.O.
            ALEXANDER THOMAS & C.S.SUDHA, JJ.
           =================================
                        Crl.M.A No.1 of 2022
                                  in
                      Crl.Appeal No.577 of 2020
      [arising out of the impugned judgment dated 08.05.2018 in S.C No.350/2013
                on the file of the Addl. Sessions Court-IV, Pathanamthitta]
           =================================
                     Dated this the 23rd day of March, 2023

                                    ORDER

This is an application for suspension of the impugned sentence. The

applicant (convict) has appeared in person through video conferencing

session conducted by the Central Prison, Thiruvananthapuram. The

learned Prosecutor would submit that the written objections dated

03.12.2022 has already been filed, to the plea for sentence suspension and

that the learned Prosecutor is ready.

2. The applicant (convict) would submit that he has not been

served with a copy of the written objections said to have been filed by the

prosecution agency and that, the same may be made available to him.

3. The learned Prosecutor submits that he had instructed the

Liaison Officer of the Police Department attached to the office of the

Advocate General to furnish copy of the abovesaid written objections

forthwith to the applicant through the Superintendent, Central Prison,

Thiruvananthapuram and that, he was under the impression that the same

would have already been served.

Crl.M.A No.1 of 2022 in Crl.Appeal No.577 of 2020

4. In the above circumstances, the learned Prosecutor will ensure

that copy of the written objections dated 03.12.2022 is served on the

applicant through, the Secretary to the office of the Advocate General, to

the Superintendent, Central Prison, Thiruvananthapuram. The

Superintendent of Central Prison will ensure that the said copy as and

when received is forthwith forwarded to the applicant. The Registry will

also forward a copy of the written objections dated 03.12.2022, to the

applicant (Convict No.2706), through the Superintendent, Central Prison,

Poojappura, Thiruvananthapuram and the Superintendent will ensure that

the same is forthwith forwarded to the applicant (convict).

List the case on 05/04/2023.

Hand Over

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.S.SUDHA, JUDGE vgd

23-03-2023 /True Copy/ Assistant Registrar