Sarvajith M.P vs State Of Kerala
2024 Latest Caselaw 11688 Ker

Kerala High Court

Sarvajith M.P vs State Of Kerala on 25 April, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Thursday, the 25th day of April 2024 / 5th Vaisakha, 1946
            CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 396 OF 2024
        CRA 123/2019 OF ADDITIONAL SESSIONS COURT - IV, THALASSERY

     CC 2712/2016 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - I, KANNUR

PETITIONER/REVISION PETITIONER:

     SARVAJITH M.P., S/O. SARVOTHAMAN, RESIDING AT SUSANDHYA,
     KAVUMBHAGOM, KUYYALI. P.O., THALASSERI.

RESPONDENT/RESPONDENT

     STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence passed in
Criminal Appeal by Judgment dated 24-11-2023 in Crl.Appeal No.123/2019 of
the Addl.Sessions Judge - IV, Thalassery, arising out of the Judgment
dated 02-04-2019 in C.C.No.2712/2016 of the Judicial First Class
Magistrate Court - I, Kannur, pending disposal of this Criminal Revision
Petition, without insisting for deposit of any amount.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. ABRAHAM K.JOHN, P.K.BALAKRISHNAN,
UTHARA ASOKAN, Advocates for the petitioner and of PUBLIC PROSECUTOR for
the respondent, the Court passed the following:

                                                                     P.T.O.
                                C.S.SUDHA, J.
               ----------------------------------------------------
                         Crl.M.A.No. 1 of 2024 in
                          Crl.R.P. No.396 of 2024
               ----------------------------------------------------
                  Dated this the 25th day of April 2024

                                  ORDER

This is an application for suspending the sentence in

C.C.No.2712/2016 where the accused has been convicted and

sentenced to undergo simple imprisonment for a period of one

month and to pay a fine of ₹1,000/- for the offence punishable

under Section 279 IPC and in default of payment of the same to

undergo simple imprisonment for a period of 15 days and for

simple imprisonment for one year and fine of ₹5,000/- under

Section 304A IPC and in default of payment of fine to undergo

simple imprisonment for 30 days.

2. Heard both sides.

3. The application is allowed and the sentence is

suspended till the disposal of the appeal, subject to the following

conditions :

i) The applicant shall be released on bail on

Crl.M.A.No. 1 of 2024 in

executing a bond for ₹50,000/- (Rupees fifty

thousand only) with two solvent sureties each

for the like sum to the satisfaction of the trial

court;

ii) He shall not commit any offence(s) while

on bail;

iii) If the conviction and sentence of the

applicant is upheld or even modified, the time

during which he is so released shall be excluded

in computing the term of his sentence as

provided in Section 389 (4) Cr.P.C.

Sd/-

C.S.SUDHA JUDGE

Jms

25-04-2024 /True Copy/ Assistant Registrar