Binu Alexander vs State Of Kerala
2024 Latest Caselaw 30174 Ker

Kerala High Court

Binu Alexander vs State Of Kerala on 24 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 24th day of October 2024 / 2nd Karthika, 1946
            CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1151 OF 2024
    CC 891/2003 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, KOTTARAKKARA
        CRA 95/2006 OF ADDITIONAL SESSIONS COURT (ADHOC)-II, KOLLAM
APPLICANT/REVISION PETITIONER:

     BINU ALEXANDER, AGED 47 YEARS, S/O ALEXANDER, KALEELAZHIKATHU VEEDU,
     PAZHINJAM, UMMANOOR P.O, KOTTARAKARA, KOLLAM, KERALA - 691506.

RESPONDENTS/RESPONDENTS

  1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKUKLAM, PIN CODE- 682031.
  2. PRAMOD G.K, AGED 49 YEARS, S/O GOPALAKRISHNAN, GOURI SANKARAM,
     CHEEPRA P.O, UMMAMOOR , KOTTARAKARA, KOLLAM, KERALA - 691506.
  3. PRASANTH G.K, AGED 47 YEARS, S/O GOPALAKRISHNAN, KAMALA SADANAM,
     KOTTARAKARA, KOLLAM, KERALA - 691506.
  4. PRADEEP G.K, AGED 45 YEARS, S/O GOPALAKRISHNAN, KAMALA SADANAM,
     KOTTARAKARA, KOLLAM, KERALA - 691506.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence and conviction in judgment
dated 26.02.2008 in Crl.Appeal No.95/2006 passed by the Hon'ble Additional
Sessions Judge, Kollam and also suspend the sentence and conviction of
judgment dated 07.02.2006 in C.C.No.891/2003 in the court of Judicial
First-Class Magistrate Court, Kottarakara.
     This application coming on for admission on 24.10.2024 , upon
perusing the application and upon hearing the arguments of Smt.SWAPNA
VIJAYAN, Advocate for the petitioner and of the PUBLIC PROSECUTOR for the
first respondent, the Court passed the following:
                              K.BABU, J.
              ------------------------------------
                      Crl.R.P.No. 1151 of 2024
                                  &
          Crl.M.A No.2 of 2024 in Crl.R.P.No. 1151 of 2024
              ------------------------------------
              Dated this the 24th day of October, 2024

                             ORDER

Admit. The learned Public Prosecutor takes notice for

respondent No.1. Issue notice to respondent Nos.2 to 4.

2. Heard both sides.

3. The revision petitioner has been convicted under Section

138 of the Negotiable Instruments Act. By the impugned judgment,

he has been sentenced to undergo simple imprisonment for a

period of four months and pay a sum of Rs.75,000/- as

compensation to the complainant.

4. It is submitted that the revision petitioner is confined in

prison.

5. Smt.Swapna Vijayan, the learned counsel for the revision

petitioner submitted that the revision petitioner had already

deposited the amount awarded as compensation before the Trial

Court on 16.02.2018. Therefore, the execution of the sentence

&

in

imposed on the revision petitioner is suspended and bail

granted to him on condition that he executes a bond for

Rs.10,000/- (Rupees Ten Thousand only) with two solvent

sureties each for the like sum to the satisfaction of the Trial

Court.

The Registry shall send this order to the Chief Judicial

Magistrate Court, Kollam, Judicial First Class Magistrate Court-

I, Kottarakkara and the Superintendent of the District Jail,

Kollam, forthwith.

Sd/-

K.BABU, JUDGE KAS

24-10-2024 /True Copy/ Assistant Registrar