Remana Kurup vs The State Of Kerala
2024 Latest Caselaw 12195 Ker

Kerala High Court

Remana Kurup vs The 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.2/2024 IN CRL.REV.PET NO. 474 OF 2024
        CC 117/1994 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR

 CRA 81/1998 OF ADDITIONAL SESSIONS COURT (AD HOC),FAST TRACK COURT - II,
                              PATHANAMTHITTA

PETITIONER/REVISION PETITIONER:

     REMANA KURUP, AGED 61 YEARS, S/O. GOPALA KURUP, CHANGAMANGALATHU
     VEEDU, POOZHIKKADU MURI, KURAMPALA VILLAGE, PATHANAMTHITTA-689501.

RESPONDENT/RESPONDENT AND STATE:

     THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM-682031.

     Application praying that in the circumstances stated therein, the
High Court be pleased to suspend the execution of the conviction and
sentence passed in the judgment dated 27.05.1998 in C.C.No.117/1994 of the
Judicial First Class Magistrate Court, Adoor as confirmed by the judgment
dated 15.11.2003 in Criminal Appeal No. 81/1998 of the Addl. Sessions (Ad
hoc) Judge, Fast Track Court - II, Pathanamthitta, pending disposal of
this criominal revision petition.
     This Application coming on for orders upon perusing the application,
and upon hearing the arguments of M/S. K.K.SETHUKUMAR, SARITHA G.R., NISHA
MATHEW, SREEKRISHNADATH PANDARATHIL E.K., R.RAHUL, MEENAKSHY V.S., PREETHY
K., Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the Court passed the following:

                                                                  P.T.O.
                     JOHNSON JOHN, J.
           ----------------------------------------------
                   Crl. MA No.2 of 2024
                                IN
                Crl. R.P. No.474 of 2024
           ----------------------------------------------
             Dated this the 14th day of May, 2024


                         ORDER

It is submitted that the revision petitioner/

accused is in custody and therefore, considering the

circumstances, the delay is condoned and the

revision petition is admitted.

Crl.MA No.2 of 2024 is filed by the revision

petitioner, seeking suspension of sentence. The trial

court convicted and sentenced the revision

petitioner/accused to undergo rigorous imprisonment

for a period of two years and to pay a fine of

Rs.5,000/- for the offence punishable under Section

498 A of IPC.

Considering the facts and circumstance, the sentence is suspended and bail granted to the

petitioner/accused on the following conditions;

(i) The appellant/petitioner shall execute a bond

for Rs.50,000/- (Rupees Fifty Thousand only) with two CRL.R.P. NO.474 of 2024

solvent sureties each for the like sum to the satisfaction of

the Trial Court.

(ii) The appellant/petitioner shall deposit the

entire fine amount in the Court below within a period of

one month from today.

(iii) The appellant/petitioner 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 appellant/petitioner shall not involve in

any other similar offence.

Post on 28.05.2024.

Sd/-

                                                          JOHNSON JOHN
             nvj                                              JUDGE




14-05-2024                      /True Copy/                         Assistant Registrar