Citation : 2023 Latest Caselaw 11034 Ker
Judgement Date : 26 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 26th day of October 2023 / 4th Karthika, 1945
CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 1070 OF 2023
CRA 32/2016 OF ADDITIONAL SESSIONS JUDGE - VI, THIRUVANANTHAPURAM
ST 12/2013 OF JUDICIAL FIRST CLASS MAGISTRATE - V, THIRUVANANTHAPURAM
PETITIONER/REVISION PETITIONER:
KRISHNA PILLAI.R, S/O RAMASWAMY PILLAI,AGED 72 YEARS, T.C. 9/2339,
SREERANGAM LANE NO.2, SREEVILLA, SASTHAMANGALAM P.O.,
THIRUVANANTHAPURAM
RESPONDENTS/RESPONDENTS:
1. HARIGOPAL N. S/O NARAYANA PILLAI, SAYINANDANAM, SREEKRISHNA GARDENS,
NEAR MASS AUDITORIUM, VATTIYOORKAVU, THIRUVANANTHAPURAM.
2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to suspend the
sentence imposed by the Judicial First Class Magistrate Court - V,
Thiruvananthapuram in S.T.12/2013 vide judgement dated 05/01/2016, as
upheld and modified by the Learned Addl.Session Judge, Thiruvanathapuram,
vide judgment dated 31.07.2023 in Crl.A.32/2016 and direct the Trial Court
to release the petitioenr on bail, pending disposal of the Criminal
Revision Petition.
This application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.P.S.SISHOY, Advocate for the petitioner and of PUBLIC PROSECUTOR
for the second respondent, the Court passed the following:
P.G. AJITHKUMAR, J.
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Crl.Rev.Petition No.1070 of 2023
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Dated this the 26th day of October, 2023
ORDER
Admit.
Issue notice to the 1st respondent by speed post,
returnable in four weeks.
The learned Public Prosecutor takes notice for the 2 nd
respondent.
Crl.M.A.No.1 of 2023
Heard.
The execution of the sentence imposed on the petitioner
shall stand suspended and bail granted to him on his
executing 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, subject to the condition that he
shall deposit 30% of the compensation amount within a
period of one month. If fine amount is already deposited by
the petitioner as per the order of the Sessions Court, no
Crl.Rev.Petition No.1070 of 2023
amount as stated above need be deposited.
The amount of compensation, if deposited, shall not be
disbursed till the disposal of this revision petition.
Sd/-
P.G. AJITHKUMAR, JUDGE dkr
26-10-2023 /True Copy/ Assistant Registrar
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