Thankachan vs State Of Kerala
2024 Latest Caselaw 30462 Ker

Kerala High Court

Thankachan vs State Of Kerala on 25 October, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
          Friday, the 25th day of October 2024 / 3rd Karthika, 1946
            CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1147 OF 2024
          CRA 25/2024 OF ADDITIONAL SESSIONS COURT-VIII, ERNAKULAM
       SC 1175/2022 OF PRINCIPAL ASSISTANT SESSIONS COURT, ERNAKULAM
APPLICANT/REVISION PETITIONER:

     THANKACHAN, AGED 56 YEARS, S/O JOSEPH, MAPPUMCHERIYIL HOUSE, EROOR
     WEST, NADAMA, TRIPUNITHURA, ERNAKULAM - 682306.

RESPONDENTS/RESPONDENTS

     STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM - 682 031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed by the
Hon'ble VIIIth Additional District and Sessions Court, Ernakulam against
the petitioner vide judgment dated 25/09/2024 in Crl.Appeal No.25/2024 and
the Judgment dated 28/10/2023 in S C No.1175/2022 on the file of the
Hon'ble Principal Assistant Session Court, Ernakulam during the pendency
of the above Crl.Revision, so as to secure the ends of justice.
     This application coming on for admission 25.10.2024, upon perusing
the application and upon hearing the arguments of Sri.P.A.MUJEEB, Advocate
for the petitioner and of the PUBLIC PROSECUTOR for the respondent, the
Court passed the following:
                        K.BABU.,J
            ---------------------
                CRL.R.P.No.1147 of 2024
        ---------------------------
         Dated this the 25th day of October, 2024

                                 ORDER

Admit.

2. The learned Public Prosecutor takes notice for

the respondent.

3. The revision petitioner has been convicted under

Section 308 of the Indian Penal Code, and sentenced to

undergo rigorous imprisonment for a period of four years.

4. Heard both sides.

5. The disposal of the revision petition 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:

(i) The revision petitioner shall execute

bond for Rs.1,00,000/- (Rupees One Lakh

only) with two solvent sureties each for the

like sum to the satisfaction of the trial Court.

Sd/-

K.BABU JUDGE bng

25-10-2024 /True Copy/ Assistant Registrar