Abdul Rasheed Master.P.V vs Devadasan V.C
2024 Latest Caselaw 26915 Ker

Kerala High Court

Abdul Rasheed Master.P.V vs Devadasan V.C on 6 September, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
         Friday, the 6th day of September 2024 / 15th Bhadra, 1946
            CRL.M.APPL.NO.1/2024 IN CRL.REV.PET NO. 835 OF 2024

     ST 387/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,THAMARASSERY

           CRA 245/2023 OF ADDITIONAL SESSIONS - II, KOZHIKODE

APPLICANT/REVISION PETITIONER/APPELLANT/ACCUSED:

     ABDUL RASHEED MASTER.P.V., AGED 62 YEARS, S/O. ABOOBACKER HAJI,
     PERUMPOYILVAYAL HOUSE, OMASSERY P.O, KOZHIKODE, PIN - 673582.

RESPONDENTS/RESPONDENTS/COMPLAINANT/STATE:

  1. DEVADASAN V.C., AGED 60 YEARS, S/O. CHATHUKUTTY, VARIKOTTCHALIL
     HOUSE, PUTHOOR POST, OMASSERY, KOZHIKODE, PIN - 673582.
  2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
     COURT OF KERALA, COCHIN, ERNAKULAM - 682031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the operation of the conviction and
sentence imposed in the Judgment dated 17/04/2024 in Criminal Appeal
No.245 of 2023 on the file of the Additional Sessions Judge-II, Kozhikode,
by confirming the conviction in the Judgement dated 27/09/2023 in ST
No.387 of 2019 on the file of the Judicial First Class Magistrate-I,
Thamarassery.
     This Application coming on for admission upon perusing the
application and upon hearing the arguments of C.SIVADAS, Advocates for the
petitioner and of M/S P.V.ANOOP, PHIJO PRADEESH PHILIP, ABIN BENNY, ANJU R
S & K C MOHAMED RASHID, Advocates for the first respondent, and of PUBLIC
PROSECUTOR for the second respondent, the court passed the following:
                                         K.BABU, J.
                      -------------------------------------------------
                            Crl. R.P. No.835 of 2024 and
                              Crl.M.A. No. 1 of 2024 in
                               Crl. R.P. No.835 of 2024
                       -------------------------------------------------
                    Dated this the 6th day of September, 2024


                                       ORDER

Admit. Issue notice to respondent No.1. The learned Public

Prosecutor takes notice for respondent No.2.

2. Heard both sides.

3. The execution of the impugned sentence imposed on

the petitioner/accused shall stand suspended and bail granted to

him on his executing bond for Rs.2,00,000/- (Rupees Two Lakhs

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

satisfaction of the Trial Court.

4. The petitioner shall deposit 20% of the fine amount in

the Trial Court within a period of one month from today. On

remittal of the amount, respondent No.1/complainant is entitled to

get the amount subject to the conditions prescribed in Section 148

of the Negotiable Instruments Act, 1881.

Sd/-

K.BABU JUDGE VPK

06-09-2024 /True Copy/ Assistant Registrar