Citation : 2023 Latest Caselaw 11006 Ker
Judgement Date : 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
Thursday, the 26th day of October 2023 / 4th Karthika, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1339 OF 2023
SC 900/2019 OF FAST TRACK SPECIAL COURT, PERINTHALMANNA
APPLICANT/APPELLANT:
SUNIL KUMAR, AGED 43 YEARS,
S/O. GOPI, PANDALAM THADATHIL HOUSE,
ILLIKKODE, VENGAD POST,
MALAPPURAM- 679338.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM- 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the
applicant/appellant by the judgment of conviction and sentence in judgment
dated 8th August, 2023 on the files of Special Judge Fast Track,
Perinthalmanna in Sessions Case No.900/2019 which arose out of Crime
No.194/2018 of Kolathur Police Station and release the applicant/appellant
on bail, pending disposal of the above Criminal Appeal in the interest of
justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.P.THOMAS GEEVERGHESE, TONY THOMAS
(INCHIPARAMBIL), E.S.FIROS and SRADHA MOHAN, Advocates for the applicant
and of the PUBLIC PROSECUTOR for the respondent,the court passed the
following:
P.T.O.
GOPINATH P., J
-------------------------------------
Crl.M.A.No.1 of 2023
In
Crl. A. No.1339 of 2023
-------------------------------------
Dated this the 26th day of October, 2023
ORDER
Sentence of imprisonment imposed upon the
applicant/appellant in S.C.No.900/2019 on the file of the Fast Track
Special Court, Perinthalmanna, shall remain suspended till disposal
of the appeal, since consideration of the appeal may take some time.
This shall be on condition that the applicant/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 the entire fine amount
imposed, before that Court, within a period of one month from today,
if not already deposited. The applicant/appellant shall not in any
manner establish contact with the victim and shall not in any manner
act in prejudice to the interests of the victim or her family members.
This is a condition upon which the sentence is suspended and any
violation of this condition will lead to cancellation of the order
suspending the sentence.
Sd/-
GOPINATH P.
JUDGE ats
26-10-2023 /True Copy/ Assistant Registrar
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