Mr. Johnson @ Tony.B vs State Of Kerala
2024 Latest Caselaw 32007 Ker

Kerala High Court

Mr. Johnson @ Tony.B vs State Of Kerala on 7 November, 2024

Author: K. Babu

Bench: K. Babu

Crl.Rev.Pet No.1215/2024                     1/3

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                              THE HONOURABLE MR.JUSTICE K. BABU
           Thursday, the 7th day of November 2024 / 16th Karthika, 1946
               CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1215 OF 2024
        CC 2545/2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KOLLAM
               CRA 88/2017 OF ADDITIONAL SESSIONS COURT - V, KOLLAM
   APPLICANT/REVISION PETITIONER:

           MR. JOHNSON @ TONY.B, AGED 52 YEARS, S/O. BRUNO, AMMINI COTTAGE,
           NEELASWARAMTHOPPE, NEENDAKARA PO, KOLLAM DISTRICT, PIN - 691582

   RESPONDENTS/RESPONDENTS:

       1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, ERNAKULAM, PIN - 682031
       2. MR. SUNEESH S, AGED 49 YEARS, S/O. SUGUNAN, PURATHEZHATHU HOUSE,
          KAVANADU P.O, KOLLAM DISTRICT. , PIN - 691003

        Application praying that in the circumstances stated therein the
   High Court be pleased to suspend the execution of sentence imposed as per
   judgement dated 12/4/2017 in C.C.No.2545/2009 on the files of the Judicial
   First Class Magistrate Court II, Kollam which was modified by judgement
   dated 18/7/2018    in Criminal Appeal No. 88/2017 on the files of the
   Additional Sessions Judge V, Kollam and to release the petitioner on
   interim bail by allowing this appliucation and thus render justice.

        This Application coming on for orders on 07.11.2024, upon perusing
   the application and upon hearing the arguments of M/S. BIJU .C. ABRAHAM,
   THOMAS C.ABRAHAM, & BASIL MATHEW, Advocates for the petitioner, and of
   PUBLIC PROSECUTOR for the first respondent, the court passed the
   following:
 Crl.Rev.Pet No.1215/2024                              2/3



                                                  K.BABU, J.
                                       -------------------------------------
                                         Crl.R.P.No. 1215 of 2024
                                       ----------------------------------------
                                   Dated this the 7th day of November, 2024

                                                     ORDER

The learned Public Prosecutor takes notice for respondent No.1.

Issue notice to respondent No.2.

2. The revision petitioner challenges the judgment

convicting him under Section 138 of the Negotiable Instruments Act.

He has been sentenced to undergo simple imprisonment for one

month and pay a fine of Rs.45,000/-. The revision petitioner is in

confinement since 30.10.2024. He is prepared to remit the entire fine

within a week.

3. Having regard to the submissions, the sentence imposed

on the petitioner is suspended and he is ordered to be released on

bail, on his executing bond for Rs.5,000/- (Rupees Five Thousand

only) with two solvent sureties each for the like sum to the

satisfaction of the Trial Court.

4. The Registry shall transmit this order to the Chief Judicial

Magistrate Court, Kollam, the Judicial First Class Magistrate Court-II,

Kollam and the Superintendent of the Sub Jail, Kollam.

Sd/-

K.BABU JUDGE VPK

07-11-2024 /True Copy/ Assistant Registrar

07-11-2024 /True Copy/ Assistant Registrar