Mustafa Mashoor Thangal vs State Of Kerala
2024 Latest Caselaw 11962 Ker

Kerala High Court

Mustafa Mashoor Thangal vs State Of Kerala on 7 May, 2024

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE G.GIRISH

      TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946

                       CRL.MC NO.3875 OF 2024

AGAINST THE ORDER DATED 12.02.2024 IN C.M.P.NO.233 OF 2024 IN
CRA NO.40 OF 2024 OF SESSIONS COURT, KOZHIKODE ARISING OUT OF
THE   JUDGMENT    DATED   03.02.2024   IN   ST   NO.517   OF   2019   OF
JUDICIAL FIRST CLASS MAGISTRATE, KOYILANDY

PETITIONER/APPELLANT/ACCUSED:


           MUSTAFA MASHOOR THANGAL
           AGED 49 YEARS
           S/O KUNJEEBI 10TH FLOOR, 1002, STERLING APARTMENTS
           NADAKKAVU POST, NEAR INDIAN EXPRESS KOZHIKODE
           DISTRICT, PIN - 673006

           BY ADVS.
           DILISH JOHN
           RESHMA MOHAN
           AMBADI KANNAN



RESPONDENTS/RESPONDENT/COMPLAINANT:


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

      2    MAVULLIPURATHOTTU PRAKASHAN
           AGED 61 YEARS
           S/O KUNJI KELAPPAN SREEPARNAM HOUSE, MELOOR POST
           KOYILANDY, KOZHIKODE DISTRICT, PIN - 673306


           SRI SANAL P RAJ, PUBLIC PROSECUTOR

       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                      2
Crl.M.C.No.3875 of 2024

                              G.GIRISH, J.
                             ---------------
                       Crl.M.C.No.3875 of 2024
                      ------------------------------
                 Dated this the 07th day of May, 2024
              -------------------------------------------------

                                  ORDER

The petitioner has filed this petition under Section 482 of

the Code of Criminal Procedure, seeking extension of time for

the deposit of 20% of the fine amount, as directed by the

Sessions Court, Kozhikode, while admitting Crl.Appeal No.40

of 2024 filed by him, challenging the conviction and sentence

in ST No.517 of 2019 of the Judicial First Class Magistrate

Court, Koyilandy.

2. It is stated that due to medical exigencies relating

to the Myocardial Infarction suffered by him on 04.02.2019

and the continued treatment for the same, he was not able to

mobilize the money for the deposit of the above amount.

3. Having regard to the reason stated by the petitioner,

which is substantiated by the medical record produced as

Annexure-A3, I deem it appropriate to grant a further period

of 30 days for the deposit of the amount directed by the

Sessions Court, Kozhikode in the order dated 12.02.2024 in

C.M.P.No.233 of 2024 in Crl.Appeal No.40 of 2024.

In the result, the petition stands allowed as follows:

The petitioner (appellant in Crl.A.No.40 of 2024 of

the Sessions Court, Kozhikode) is permitted to deposit the

amount directed to be deposited as 20% of the fine amount,

within a period of 30 days from the date of this order.

Sd/-

G.GIRISH, JUDGE vgd

PETITIONER'S ANNEXURES

ANNEXURE A1 THE TRUE COPY OF THE JUDGEMENT IN ST NO.517/2019 DATED 03.02.2024 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KOYILANDY, KOZHIKODE

ANNEXURE A2 THE TRUE COPY OF THE ORDER IN CMP NO.233 OF 2024 IN CRIMINAL APPEAL NO. 40 / 2024 DATED 12.02.2024

ANNEXURE A3 THE TRUE COPY OF THE MEDICAL CERTIFICATE DATED 15.04.2024