Sudheesh vs State Of Kerala
2024 Latest Caselaw 32577 Ker

Kerala High Court

Sudheesh vs State Of Kerala on 11 November, 2024

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Monday, the 11th day of November 2024 / 20th Karthika, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO.2129 OF 2024
  SC 222/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - II, MANJERI
APPLICANTS/APPELLANTS:

  1. SUDHEESH, AGED 31 YEARS, S/O.HARIDASAN, KANIYARATHARAYIL HOUSE,
     VAKKAD, VETTOM POST, MALAPPURAM DISTRICT, PIN - 676102.
  2. ARUN KUMAR @ ARUN, AGED 30 YEARS, S/O.KUNHAPPUTTY, KANIYERI HOUSE,
     VETTOM POST, PADIYAM, MALAPPURAM DISTRICT, PIN - 676102.
  3. GANESAN, AGED 33 YEARS, S/O.AYYAPPAN, RAMANATH HOUSE, VETTOM POST,
     PADIYAM, MALAPPURAM DISTRICT, PIN - 676102.
  4. SYAMLAL, AGED 32 YEARS, S/O.GOPI, PANACHIYI HOUSE, VETTOM POST,
     PADIYAM, MALAPPURAM DISTRICT, PIN - 676102.
  5. SHIBI KUMAR, AGED 30, S/O.BHASKARAN, PANACHIYI HOUSE, VETTOM POST,
     PADIYAM, MALAPPURAM DISTRICT, PIN-676 102.

RESPONDENT/RESPONDENT:

     STATE OF KERALA,
     REPRESENTED BY 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 sentence of imprisonment imposed on
the petiioners vide Judgment dated 19.10.2024 in S.C.No.222/2019 on the
files of the Court of Addl. District & Sessions Judge - II, Manjeri on
such condition as this Hon'ble Court may deem fit and proper in the facts
and circumstances of the case and release the petitioners on bail pending
disposal of the above Crl.Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ARUN KRISHNA DHAN, ARJUN SREEDHAR,
T.K.SANDEEP, ALEX ABRAHAM, SWETHA R., HARIKRISHNAN P.B., AMJITH C.M.,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                   P.T.O.
                               C.S.SUDHA, J.
         --------------------------------------------------------------
                      Crl. Appeal No.2129 of 2024
                                       &
                        Crl.M.Appl. No.1 of 2024
        ---------------------------------------------------------------
              Dated this the 11th day of November 2024

                                ORDER

Admit. Learned Public Prosecutor takes notice for the

respondent. Call for TCR.

Post for hearing on 28/08/2025.

The sentence imposed on the applicants/accused in S.C.

No.222 of 2019 on the file of the Court of Session, Manjeri, is

suspended till the disposal of the appeal, subject to the following

conditions:-

i) The applicants/accused shall be released on bail on

executing a bond for ₹50,000/- (Rupees fifty thousand

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

the satisfaction of the trial court;

ii) They shall deposit half of the total fine amount

within a period of one month from the date of receipt

of a copy of this order.

iii) They shall not commit any offence(s) while on

bail;

iv) They shall not contact or try to intimidate the

witnesses examined in the case;

v) If the conviction and sentence of the

applicants/accused is upheld or even modified, the

time during which they are so released shall be

excluded in computing the term of their sentence as

provided in Section 430(4) BNSS.

vi) It is also made clear that if any of the

conditions are violated, the bail shall stand cancelled.

Sd/-

C.S.SUDHA NP JUDGE

11-11-2024 /True Copy/ Assistant Registrar