Kerala High Court
N.Prabhakaran vs Saludheen on 10 October, 2024
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Thursday, the 10th day of October 2024 / 18th Aswina, 1946
CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 1075 OF 2024
CRA 77/2024 OF SESSIONS COURT, PALAKKAD
ST 114/2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS-IV, PALAKKAD
APPLICANT/REVISION PETITIONER:
N.PRABHAKARAN, AGED 53 YEARS, S/O.NAKELAN, KIRAN NILAYAM,
PANDARAKKATTIL, ALATHUR, PALAKKAD - 678541.
RESPONDENTS/RESPONDENTS:
1. SALUDHEEN, AGED 42 YEARS, S/O.JAILAVUDHEEN, VANIYAMPARAMBU VEEDU,
THENKURISSI, ALATHUR, PALAKKAD - 678671.
2. 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 applicant by
the judgment of conviction and sentence in S.T.No.114/2018 of the Court of
the Judicial Magistrate of First Class No.IV, Palakkad, dated 30.04.2024
as confirmed by the judgment of conviction and sentence in Crl.Appeal
No.77/2024 of the Court of Session, Palakkad Division dated 22.07.2024 and
release the applicant on bail pending disposal of the above Criminal
Revision Petition.
This application coming on for admission upon perusing the
application and upon hearing the arguments of Sri.V.A.JOHNSON
(VARIKKAPPALLIL), Advocate for the petitioner and of the PUBLIC PROSECUTOR
for the second respondent, the Court passed the following:
K.BABU, J.
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Crl.R.P.No. 1075 of 2024
&
Crl.M.A No.1 of 2024 in Crl.R.P.No. 1075 of 2024
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Dated this the 10th day of October, 2024
ORDER
Admit. The learned Public Prosecutor takes notice for
respondent No.2. Issue notice to respondent No.1.
2. The revision petitioner has been convicted under Section
138 of the Negotiable Instruments Act. He has been sentenced to
undergo imprisonment till rising of the Court and pay a fine of
Rs.1,75,000/-.
3. Heard both sides.
The disposal of the revision is likely to take time. Having
regard to the fact that the disposal of the revision petition is likely
to take time, this Court feels that the execution of the sentence
imposed on the revision petitioner is liable to be suspended on
conditions. Therefore, the execution of the sentence imposed on
the revision petitioner shall stand suspended and bail granted to
him on the following conditions:
&
in
(i) The revision petitioner shall execute a bond for
Rs.50,000/- (Rupees Fifty Thousand only) with
two solvent sureties each for the like sum to the
satisfaction of the Trial Court.
(ii) The revision petitioner shall also deposit 20% of
the fine amount in the Trial Court within one
month from this date. If he has already remitted
20% of the fine amount before the Trial Court, he
is not required to comply with the above
condition.
Sd/-
K.BABU,
JUDGE
KAS
10-10-2024 /True Copy/ Assistant Registrar
