Arun Kumar M vs State Of Kerala
2023 Latest Caselaw 11062 Ker

                 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.1587 OF 2023

          SC 780/2022 OF THE FAST TRACK SPECIAL COURT, CHENGANNUR

APPLICANT/APPELLANT:

     ARUN KUMAR M., AGED 33 YEARS,
     S/O. MOHANAN, ARUN BHAVANAM, MUTTATHAYYATHU COLONY, THAZHAKKARA
     PANCHAYATH, WARD-3, THAZHAKKARA VILLAGE,
     ALAPPUZHA, PIN - 690102.

RESPONDENT/RESPONDENT:

     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 sentence imposed on the
applicant/appellant by the judgment of conviction and sentence in judgment
dated 26th September 2023 on the files of Fast Track Special Judge,
Changannur in Sessions Case No.780/2022 which arose out of crime
No.152/2022 of Mavelikkara 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), AMRUTHA K.P., E.S.FIROS, 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.A.No.1587 of 2023
                     ========================
                    Dated this the 26th day of October, 2023

                                     ORDER

Admit. Learned Public Prosecutor takes notice for the

respondent.

Crl.M.A. No.1 of 2023

Sentence of imprisonment imposed upon the appellant in S.C.

No.780 of 2022 on the file of the Fast Track Special Court, Chengannur

(Sessions Division, Alappuzha) shall remain suspended till disposal of

the appeal, since consideration of the appeal may take some time. This

shall be on condition that the 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

petitioner 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

family members of the victim. 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 ajt

26-10-2023 /True Copy/ Assistant Registrar