Citation : 2023 Latest Caselaw 11694 Ker
Judgement Date : 16 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Thursday, the 16th day of November 2023 / 25th Karthika, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1733 OF 2023
SC 31/2019 OF THE ADDITIONAL SESSIONS COURT-II, KASARGOD
PETITIONER/APPELLANT:
LOHITAKSHAN, AGED 46 YEARS,
S/O.KORAN.T, KAROTTIPARA HOUSE,
KAROTTIPARA, BEDAKAM VILLEGE,
KASARAGOD DISTRICT, PIN - 671324.
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031.
2. STATION HOUSE OFFICER, BEDAKAM POLICE STATION, [CRIME NO. 300/2018],
BEDAKAM, KASARAGOD DISTRICT, PIN - 671324.
Application praying that in the circumstances stated therein the
High Court be pleased to enlarge the petitioner on bail by suspending the
execution of sentence as per judgment dated 03.11.2023 in S.C.No.31/2019
on the file of the Additional Sessions Judge - II, Kasaragod which arose
from Crime No.300/2018 of Bekadam Police Station, pending disposal of the
above Criminal appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI R.KRISHNAKUMAR (CHERTHALA),
Advocate for the petitioner and of the PUBLIC PROSECUTOR for the 1st &
2nd respondent, the court passed the following:
P.T.O.
GOPINATH P., J
-------------------------------------
Crl.M.A.No. 1 of 2023
And
Crl. A. No.1733 of 2023
-------------------------------------
Dated this the 16th day of November, 2023
ORDER
Crl.A No.1733 of 2023
Admit. Learned Public Prosecutor takes notice for respondents.
Crl.M.A. No.1 of 2023
Sentence of imprisonment imposed upon the
petitioner/appellant in S.C.No.31/2019 on the file of the Additional
District and Sessions Court-II, Kasaragod, shall remain suspended
till disposal of the appeal, since consideration of the appeal may take
some time. This shall be on condition that the petitioner/appellant
executes a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand
only) with two solvent sureties each for the like sum to the
satisfaction of that court and on further condition that he deposits
50% of the fine amount imposed, before that Court, within a period
of one month from today, if not already deposited.
Sd/-
GOPINATH P.
JUDGE ats
16-11-2023 /True Copy/ Assistant Registrar
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