Citation : 2023 Latest Caselaw 9642 Ker
Judgement Date : 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 8th day of September 2023 / 17th Bhadra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.REV.PET NO. 881 OF 2023
CRA 162/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - IV, THALASSERY,
KANNUR
ST 1218/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS II, KOOTHUPARAMBU, KANNUR
PETITIONER/REVISION PETITIONER:
P.MAMMOTTY, AGED 60 YEARS, S/O. ABU, `JAMEELAS', DIAMOND CORNER
POST KADIRUR, THALASSERY TALUK, KANNUR DISTRICT., PIN - 670 642.
RESPONDENTS/RESPONDENTS:
1. STATE - REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,
ERNAKULAM - 682 031.
2. C.V.SALEEM, AGED 45 YEARS, S/O. ABOOBACKER, S.P.HOUSE,
P.O.ANJARAKKANDY, THALASSERY TALUK, KANNUR DISTRICT., PIN - 670 612.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioner in
the judgment dated 02.06.2023 in Crl.Appeal No.162/2019 on the files of
Court of Additional Sessions Judge - IV, Thalassery, which arose from
judgment dated 15.05.2019 in STC No.1218/2017 on the files of Court of
Judicial First Class Magistrate, Kuthuparamba.
This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.M.SASINDRAN & SATHEESHAN ALAKKADAN,
Advocates for the petitioner and of PUBLIC PROSECUTOR for the first
respondent, the Court passed the following:
N.NAGARESH, J.
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Crl. R.P. No.881 of 2023
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Dated this the 8th day of September, 2023
ORDER
Admit.
Public Prosecutor takes notice for the 1st respondent.
Issue urgent notice by speed post to the 2nd respondent.
Crl.M.A. No.1 of 2023
Heard.
Sentence imposed by the court below shall stand
suspended and the petitioner shall be enlarged on bail on
his executing a bond for ₹1,00,000/- (Rupees one lakh only)
with two solvent sureties each for the like sum to the
satisfaction of the court below and on his depositing the fine
amount before the court below.
Sd/-
N.NAGARESH JUDGE spk
08-09-2023 /True Copy/ Assistant Registrar
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