Subashkumar vs State Of Kerala
2024 Latest Caselaw 10202 Ker

Kerala High Court

Subashkumar vs State Of Kerala on 5 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
              THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     FRIDAY, THE 5th DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                    CRL.REV.PET NO. 405 OF 2024
AGAINST THE JUDGMENT DATED 01.02.2024 IN CRA NO.229 OF 2017
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT -IV, THRISSUR
ARISING OUT OF THE JUDGMENT DATED 22.09.2017 IN CC NO.1236 OF
2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM
REVISION PETITIONER/APPELLANT/ACCUSED:

             SUBASHKUMAR, AGED 36 YEARS,
             SON OF KUTTAM, THERUPARAMBIL HOUSE,
             MANGAD DESOM, MANGAD VILLAGE, THALAPPILLY TALUK,
             THRISSUR DISTRICT, KERALA, PIN - 680585

             BY ADV LUKE J CHIRAYIL


RESPONDENTS/RESPONDENTS/STATE & DE FACTO COMPLAINANT:

     1       STATE OF KERALA,
             REPRESENTED BY PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, PIN - 682031

     2       RASHID, AGED 50 YEARS,
             SON OF ABU, AYINOOR DESOM,
             PAZHANJI VILLAGE, THALAPPILLY TALUK,
             THRISSUR DISTRICT, KERALA, PIN - 680585

             BY PUBLIC PROSECUTOR SMT. NIMA JACOB


THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION
ON   05.04.2024,    THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.R.P.No.405 of 2024                        2



                                      ORDER

The accused came up aggrieved by the judgment of

conviction rendered concurrently by the trial court

and the first appellate court and order of sentence

awarded by the trial court and stood modified by the

first appellate court by ordering sentence till the

rising of the court and a fine amount of

Rs.1,80,000/- being the amount covered by the cheque

with a default sentence of two months. It is

submitted that the accused was arrested on

03.04.2024 on failure to pay the fine amount in

execution of the sentence ordered and stood

confirmed by the first appellate court. It is

submitted by the learned counsel for the petitioner

that there is no sufficient ground to interfere with

the judgment of conviction and order of sentence,

but he may be granted three months time in order to

remit the fine amount. Hence, the criminal revision

petition will stand dismissed accordingly. But,

having regard to the submission made by the learned

counsel for the petitioner, three months time from

today is granted to the accused to remit the fine

amount and to receive the sentence till the rising

of the court. Till that time, no coercive steps

shall be taken against the revision

petitioner/accused. The revision petitioner/accused

shall be released forthwith.

The Criminal Revision Petition is dismissed.

Sd/-

P.SOMARAJAN

JUDGE

DMR/-