Muraleedharan V vs Anoop P
2024 Latest Caselaw 28404 Ker

Kerala High Court

Muraleedharan V vs Anoop P on 25 September, 2024

Author: K.Babu

Bench: K. Babu

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
        Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
            CRL.M.APPL.NO.2/2024 IN CRL.REV.PET NO. 1004 OF 2024
          CRA 111/2024 OF ADDITIONAL SESSIONS COURT-II, KOZHIKODE
     ST 6/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, KOZHIKODE
APPLICANT/REVISION PETITIONER:

     MURALEEDHARAN V., AGED 49 YEARS, S/O SANKARA MENON, THACHAYIL,
     THEERTHALAYAM HOUSE, GURUVAYURAPPAN COLLEGE P.O, KOZHIKODE, PIN -
     673014.

RESPONDENTS/RESPONDENTS:

  1. ANOOP P., AGED 34 YEARS, S/O VASUDEVAN NAIR, POTHADATHIL HOUSE,
     POKKUNNU P.O, KOZHIKODE DISTRICT., PIN - 673007.
  2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, KOCHI - 682031.

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence in Judgment
07.03.2024 in S.T.No.6/2023 in the Court of Judicial First Class
Magistrate-VIII, Kozhikode, in the interest of justice.
     This application coming on for admission          upon perusing the
application and upon hearing the arguments of M/S.ADITHYA RAJEEV,
S.PARVATHI & SAFA NAVAS, Advocates for the petitioner and of the PUBLIC
PROSECUTOR for the second respondent, the Court passed the following:
                                 K.BABU, J.
                      ------------------------------------
                   Crl.Rev.Pet.No.1004 of 2024
                                       &
                        Crl.M.A.No.2 of 2024
                                       in
                   Crl.Rev.Pet.No.1004 of 2024
                      ------------------------------------
              Dated this the 25th day of September, 2024

                               ORDER

Admit. The learned Public Prosecutor takes notice for

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

----------------------------

Heard both sides.

2. The revision petitioner has been convicted under

Section 138 of the Negotiable Instruments Act, 1881, and

sentenced to pay fine of Rs.2,62,750/- .

3. 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 Crl.M.A.No.2 of 2024 & Crl.Rev.Pet.No1004 of 2024 in

Rs.1,00,000/- (Rupees One Lakh 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 before the Trial Court within

two months from this date.

Sd/-

K.BABU, JUDGE saap

25-09-2024 /True Copy/ Assistant Registrar