Sudheerthan.T vs State Of Kerala
2024 Latest Caselaw 12171 Ker

Kerala High Court

Sudheerthan.T vs State Of Kerala on 14 May, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE JOHNSON JOHN
           Tuesday, the 14th day of May 2024 / 24th Vaisakha, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO. 790 OF 2024
          SC 957/2021 OF IST ADDITIONAL SESSIONS COURT, KOZHIKODE
APPLICANTS/APPELLANTS:

  1. SUDHEERTHAN.T, AGED 52 YEARS, S/O HARIDASAN, AMRITHAM HOUSE ,
     PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE - 673021
  2. HARIKRISHNAN.T, AGED 26 YEARS S/O SUDHEERTHAN, AMRITHAM HOUSE ,
     PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE - 673021
  3. ABHISHEK, AGED 24 YEARS S/O SUDHEERTHAN, AMRITHAM HOUSE ,
     PANDARAKKANDI THAZHATH, PUTHIYAPPA, PUTHIYANGADI, KOZHIKODE -
     673021

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 execution of sentence passed against

the Appellants/Applicants by the Court of the Ist Additional Sessions

Judge , Kozhikode vide judgment dated 20-04-2024 in SC No.957/2021 ,

during the pendency of the appeal in the interest of justice.



     This Application coming on for orders upon perusing the application
and upon hearing the arguments of       M/S.NAHAS H., DILEEP P.PILLAI,

Advocates for the petitioners and of the PUBLIC PROSECUTOR for the

respondent, the court passed the following:


                           p.t.o
               JOHNSON JOHN, J.
         ---------------------------
             Crl.M.A No.1 of 2024
                       in
             Crl.A No.790 of 2024
     -----------------------------------
      Dated this the 14th day of May, 2024

                          ORDER

The learned Public Prosecutor takes notice for the

respondent.

2. Heard the learned counsel for the

appellants/petitioners.

3. The appellants/petitioners are Accused Nos.1 to 3

in SC No.957 of 2021 of the 1 st Additional Sessions Judge,

Kozhikode and they are convicted and sentenced to undergo

rigorous imprisonment for a period of two years and to pay a

fine of Rs.25,000/- for the offence punishable under Section

325 of the Indian Penal Code.

4. It is brought to my notice that the disposal of the

appeal on merit will take time and therefore, considering the

facts and circumstances, execution of the sentence against

the appellants/petitioners are suspended subject to the

following conditions:

(i) The appellants/petitioners shall execute a bond for Crl.M.A No.1 of 2024 in Crl.A No.790 of 2024

..2..

Rs.50,000/- (Rupees Fifty Thousand only) each with two

solvent sureties each for the like sum to the satisfaction of the

Trial Court.

(ii) The appellants/petitioners shall deposit the entire

fine amount in the Court below within a period of one month

from today.

(iii) The appellants/petitioners shall appear before the

Investigating Officer on the last Wednesday of every month

between 10.00 a.m and 11.00 a.m.

(iv) The appellants/petitioners shall not involve in any

other similar offence.

Post on 24.05.2024.

Sd/-

JOHNSON JOHN, JUDGE

PR

14-05-2024 /True Copy/ Assistant Registrar