Vishnu.P.V vs State Of Kerala
2023 Latest Caselaw 11527 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
       Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
           CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1048 OF 2023
         CRA 163/2020 OF ADDITIONAL SESSIONS COURT - I, ERNAKULAM

   ST 1054/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHOTTANIKKARA

PETITIONER /REVISION PETITIONER:

     VISHNU.P.V., AGED 33 YEARS, S/O. VIJAYAGHOSH, FLY-IN-AVIATION
     ACADEMY, FIRST FLOOR, EX-SERVICE BUILDING, M.C. ROAD, AIR PORT
     JUNCTION, ANGAMALLY P.O. ERNAKULAM DISTRICT, PIN - 683572

RESPONDENTS / RESPONDENTS:

  1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, PIN - 682031
  2. MARKOSE OUSEPH, AGED 53 YEARS, S/O.OUSEPH, PALLIVATHUKKAL HOUSE,
     THIRUVANKULAM, ERNAKULAM DISTRICT, PIN - 682305

     Application praying that in the circumstances stated therein, the
High Court be pleased to suspend the sentence of imprisonment and
compensation imposed on the petitioner vide Judgment dated 23.12.2021 in
Crl. Appeal No.163/2020 of the I Addl. Sessions Judge, Ernakulam, and
Judgment dated 22.02.2020 in S.T.No.1054/2018 of the Judicial First Class
Magistrate Court, Chottanikkara, pending disposal of the above Crl.R.P.
     This Application coming on for orders upon perusing the application,
and upon hearing the arguments of M/S. T.K.SANDEEP, VEENA HARIKUMAR,
SWETHA R., Advocates for the petitioners, and of the PUBLIC PROSECUTOR for
the first respondent, and of Sri. SUNNY P MARKOSE, Advocate for the second
respondent, the Court passed the following:

                                                                   P.T.O.
                     P.G. AJITHKUMAR, J.
     -----------------------------------------------------
                  Crl.R.P No.1048 of 2023
     ------------------------------------------------------
        Dated this the 8th day of November, 2023


                          ORDER

Admit.

Adv.Sri.Sunny P. Markose takes notice for the 2 nd

respondent. Learned Public Prosecutor takes notice for the 1 st

respondent.

Crl.M.A No.1 of 2023

Heard.

The petitioner was arrested on 30.10.2023 and

committed to jail on execution of the sentence. In the

circumstances arising from the facts of the case, I am of the

view that the sentence is liable to be suspended. Hence this

petition is allowed. Sentence is suspended on the petitioner

executing a bond for Rs.50,000/-(Rupees fifty thousand only)

with two solvent sureties each for the like sum to the

satisfaction of the trial Court and on the condition of deposit

of Rs.50,000/- (Rupees fifty thousand only) out of the fine

amount within three weeks. In the event of depositing the

Crl.R.P No.1048 of 2023

said amount, the same shall be paid to the 2 nd respondent

since the direction in the appeal judgment is to pay the

amount of fine as compensation to the 2nd respondent.

List for hearing on 24.11.2023.

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

08-11-2023 /True Copy/ Assistant Registrar