Ratheeshkumar vs State Of Kerala
2024 Latest Caselaw 28347 Ker

Kerala High Court

Ratheeshkumar vs State Of Kerala on 25 September, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
        Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
               CRL.M.APPL.NO.1/2024 IN CRL.A NO.1834 OF 2024
         SC 1723/2019 OF THE III ADDITIONAL SESSIONS COURT, KOLLAM
APPLICANT/APPELLANT:

     RATHEESHKUMAR, AGED 45 YEARS,
     S/O. RAMAKRISHNA PILLAI, RATHEESH VILASAM,
     NEAR ASURAMANGALAM MAHAVISHNU TEMPLE,
     ASURAMANGALAM MURI, EDAMULACKAL VILLAGE, KOLLAM- 691532.

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, KOCHI- 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence in the judgment
dated 19.08.2024 in Sessions Case No.1723/2019 on the        files of the
Additional Sessions Judge - III, Kollam and to enlarge the appellant on
bail, so as to secure the ends of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.VISHNU BHUVANENDRAN, B.ANUSREE,
VARUN JACOB, MYZA ALAN JOSE, 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.1834 of 2024
                                         &
                          Crl.M.Appl. No.1 of 2024
                                         in
                        Crl. Appeal No.1834 of 2024
           ---------------------------------------------------------------
                Dated this the 25th day of September 2024


                                   ORDER

Admit.

Post for hearing to 25/10/2024.

This is an application filed under Section 430(1) of the Bharathiya

Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence of the

applicant/1st accused in S.C.No.1723 of 2019 on the file of the Court of

Session, Kollam. The accused has been found guilty for the offence

punishable under Section 304 read with Section 34 IPC. He has been

sentenced to rigorous imprisonment for six months and to a fine of

₹25,000/- and in default of payment of fine to rigorous imprisonment for

two months. Set off has been allowed.

2. The application is opposed by the learned Public Prosecutor.

&

in

3. In the facts and circumstances of the case, the sentence

imposed on the applicant/accused is suspended till the disposal of the

appeal subject to the following conditions:-

i) The applicant/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) He shall deposit ₹20,000/- out of the total fine

amount within a period of one month from the date of

receipt of a copy of this order;

iii) He shall not commit any offence(s) while on bail;

iv) If the conviction and sentence of the

applicant/accused is upheld or even modified, the time

during which he is so released shall be excluded in

computing the term of his sentence as provided in

Section 430(4) BNSS;

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v) It is also made clear that if any of the conditions are

violated, the bail shall stand cancelled.

Sd/-

C.S.SUDHA JUDGE ak

25-09-2024 /True Copy/ Assistant Registrar