Aneesh @Athani Aneesh vs State Of Kerala
2023 Latest Caselaw 5619 Ker

Citation : 2023 Latest Caselaw 5619 Ker
Judgement Date : 12 May, 2023

Kerala High Court

Aneesh @Athani Aneesh vs State Of Kerala on 12 May, 2023

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
           Friday, the 12th day of May 2023 / 22nd Vaisakha, 1945
            CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 540 OF 2023
                  CRA 92/2020 OF SESSIONS COURT,THALASSERY
        CC 1292/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,KANNUR
PETITIONER/REVISION PETITIONER/APPELLANT/ACCUSED:

     ANEESH @ ATHANI ANEESH,AGED 45 YEARS,KELAMBETTUPARAMB HOUSE,
     NO.V/502, MATTANCHERY P.O., ERNAKULAM DIST., PIN - 682001

RESPONDENT/RESPONDENT/COMPLAINANT:

     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 the execution of sentence passed against
the petitioner by judgments in C.C.No.1292/2018 dated 18/02/2020 on the
file of Judicial First Class Magistrate Court-I,Kannur and in Crl.Appeal
No.92/2020(Jail) dated 11.04.2023 of the Hon'ble Sessions
Court,Thalassery,for the ends of justice.
     This Application coming on for orders upon perusing the application,
and upon hearing the arguments of M.J.SANTHOSH, ARUN ANTONY (K/1053/2011),
Advocates for the petitioners,PUBLIC PROSECUTOR for the respondent,the
court passed the following:
                  A.BADHARUDEEN, J.
       -----------------------------------
       Crl.M.A.No.1/2023 in Crl.R.P.No.540/2023
       -----------------------------------
          Dated, this the 12th May, 2023


                         O R D E R

This is an application filed by the

appellant/accused to suspend sentence and to

grant bail to the appellant/accused where he was

convicted under Sections 353, 332 and 506(I) of

IPC and sentenced the appellant to undergo

rigorous imprisonment for a period of one year

and to pay a fine of Rs.500/- for the offence

under Section 353 of IPC, rigorous imprisonment

for a period of two years and to pay a fine of

Rs.1,000/- for the offence under Section 332 of

IPC and rigorous imprisonment for a period of

one year for the offence under Section 506(i) of

IPC, by the Judicial First Class Magistrate

Court-I, Kannur in C.C.No.1292 of 2018, which

was confirmed by the Sessions Court, Thalassery

in Crl.Appeal No.92 of 2020.

Crl.M.A.No.1/2023 in Crl.R.P.No.540/2023

2. Heard the learned counsel for the

petitioner/appellant/accused as well as the

learned Public Prosecutor.

3. Going through the judgment, at par with

the arguments advanced, the appellant has an

arguable case. Therefore, there is no reason to

disallow the application and, therefore, the

petition to suspend the sentence is allowed on

the following conditions:

i) Appellant/accused shall deposit Rs.1,500/- as fine amount imposed by the Sessions Court within two weeks from today.

ii) The appellant/accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- with two solvent sureties each to the satisfaction of the Sessions Court, within a further period of one week.

iii) The appellant/accused shall not involve in any other crimes Crl.M.A.No.1/2023 in Crl.R.P.No.540/2023

and any such involvement if reported or came to the knowledge of this Court, the same is a reason to cancel this order/suspending sentence and consequential cancellation of bail hereby granted.