Ponnumani @Thankan vs State Of Kerala
2023 Latest Caselaw 4190 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                     &
                THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
          Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.853 OF 2017

SC NO.1667/2013 OF THE ADDL. DISTRICT & SESSIONS COURT VI, THIRUVANANTHAPURAM

PETITIONERS/APPELLANTS:

   1. PONNUMANI @ THANKAN, S/O.JOHNSON, CHUNAKKARI BATHELVILAKOM VEEDU,
      MUTTAKKADU, VENGANOOR VILLAGE.
   2. KUMAR, S/O.JOHNSON, CHUNAKKARI BATHELVILAKOM VEEDU, MUTTAKKADU,
      VENGANOOR VILLAGE.

RESPONDENTS/COMPLAINANT:

      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 sentence imposed by the
impugned Judgment dated 22.08.2017 in S.C.No.1667/2017 of the Court of
Addl. Sessions VI, Thiruvananthapuram and release the petitioners on bail
pending disposal of the above Criminal Appeal.


     This Application coming on for orders upon perusing the application
and this court's order dated 15.10.2019 in Crl.M.A 1/2017 and upon hearing
the arguments of SRI.DINNY THOMAS, Advocate for the petitioners and of the
PUBLIC PROSECUTOR for the respondent, the court passed the following:




                                                                     P.T.O.
                   ALEXANDER THOMAS & MOHAMMED NIAS C.P., JJ.
                                   ==================
                           Crl.M.A.1/2023 in Crl.A. No.853 of 2017
              [arising out of the impugned judgment dated 22.8.2017 in S.C. No.
                  1667/2013 on the files of the Additional Sessions Court-VI,
                                     Thiruvananthapuram)
                                   ==================
                          Dated this the 31st day of March, 2023
                                         ORDER

ALEXANDER THOMAS, J.

The learned Public Prosecutor on instructions submits that

identical plea for the sentence suspension has already been

considered on merits and dismissed by the Division Bench of this

Court as per order dated 15.10.2019 in Crl.M.A. No. 1 of 2017 in the

instant Crl. Appeal.

2. Further, we note that the impugned judgment has been

rendered on 22.8.2017. Registry may call for the LCR and then

submit a report before this Court as to whether this case could be

listed in the weekly hearing list based on priority.

List the Crl.M.A.1/2023 on 31.5.2023.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/- Sd/-

MOHAMMED NIAS C.P., JUDGE al/-

31-03-2023 /True Copy/ Assistant Registrar