Rosily Kumaran vs K M Joy
2024 Latest Caselaw 12257 Ker

Kerala High Court

Rosily Kumaran vs K M Joy on 17 May, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
           Friday, the 17th day of May 2024 / 27th Vaisakha, 1946
            CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 178 OF 2024
    CC 106/2012 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - II, THRISSUR
           CRA 21/2017 OF ADDITIONAL SESSIONS COURT -IV, THRISSUR
APPLICANT/REVISION PETITIONER:

     ROSILY KUMARAN, AGED 44 YEARS, W/O KUMARAN, NJAREKKATTIL HOUSE,
     SREEBHUDHA ROAD, ANCHERY P.O, THRISSUR, KERALA - 680006.

RESPONDENTS/RESPONDENTS:

  1. K M JOY, AGED 56 YEARS, S/O MATHEW, KOLAMPURATH HOUSE, PARAVATTANI
     P.O, THRISSUR, KERALA, 680005
  2. 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 sentence imposed on the accused in CC
106/2012 dated 30.12.2016 of the Judicial First Class Magistrate Court
No.II, Thrissur and the judgment dismissing the appeal dated 30.06.2023 in
Crl.A.21/2017 of the IV Additional Sessions Judge's Court, Thrissur
pending disposal of this Criminal Revision Petition.
     This application coming on for orders upon perusing the application
and upon hearing the arguments of Sri.SARATH BABU KOTTAKKAL, Advocate for
the petitioner and of M/S.V.V.JOY & AJAIY BASKAR, Advocates for the first
respondent and of PUBLIC PROSECUTOR for the second respondent, the Court
passed the following:
                                 VIJU ABRAHAM, J.
                     ---------------------------------------------
                         Crl.Rev.Pet No.178 of 2024
                   -------------------------------------------------
                     Dated this the 17th day of May, 2024

                                     ORDER

This is a petition seeking the condonation of delay of 128

days.

After hearing the counsel for the petitioner and after going

through the affidavit and after hearing the learned Public

Prosecutor and the learned counsel appearing for the 1 st

respondent, I am inclined to condone the delay of 128 days in

filing the Criminal Revision Petition.

The execution of the sentence shall remain suspended and

bail granted on the petitioner executing a bond of Rs.50,000/-

(Rupees Fifty Thousand only) with two solvent sureties each for

the like sum and on further condition that the petitioner deposits

an amount of Rs.50,000/- (Rupees Fifty Thousand) within a period

of three weeks from today.

SD/-

VIJU ABRAHAM JUDGE Nsd

17-05-2024 /True Copy/ Assistant Registrar