Kerala High Court
Mathew Jacob vs State Of Kerala on 29 May, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:38153
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 29 DAY OF MAY 2025 / 8TH JYAISHTA, 1947
OP(CRL.) NO. 153 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 09.01.2025 IN Crl.A NO.7 OF
2025 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - V, KOTTAYAM /
III ADDITIONAL MACT, KOTTAYAM ARISING OUT OF THE ORDER/JUDGMENT
DATED 18.12.2024 IN ST NO.150 OF 2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -II(MOBILE),KOTTAYAM
PETITIONER/PETITIONER/APPELLANT/ACCUSED:
MATHEW JACOB
AGED 48 YEARS
S/O JACOB, POOTHAKUZHIYIL HOUSE, MANNARAKKAYAM P.O,
NEAR JANATHA CLUB, MANNARAKKAYAM, KANJIRAPPALLY
VILLAGE, KANJIRAPPALLY TALUK, PIN - 686 506
BY ADV SRI.JOSEPH T.JOHN
RESPONDENT/STATE/RESPONDENT/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 JACOB GEORGE
S/O GEORGE JOSEPH, KIZHAKKETHALACKAL HOUSE,
KANJIRAPPALLY P.O, KANJIRAPPALLY VILLAGE,
KANJIRAPPALLY TALUK, PIN - 686 507
HRITHWIK.C.S, SR.PP
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
29.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:38153
OP(CRL.) NO. 153 OF 2025
2
P.V. KUNHIKRISHNAN, J.
-----------------------------------
O.P (Crl) No.153 of 2025
-----------------------------------
Dated this the 29th day of May, 2025
JUDGMENT
The above Original Petition (Crl) is filed with the following
prayers:
" i) Call for the records leading to Exhibit.P6 and
quash in imposing 20% of the fine amount to be
deposited for suspending the sentence by a writ
of certiorari or any other order or direction.
ii) Issue appropriate order or direction directing
the District and Sessions Court Kottayam to
reconsider Exhibit.P5 application in as much as in
exempting in paying the fine amount to be
deposited for suspending the sentence.
iii) Award costs.
iv) Any other reliefs this Hon'ble Court deems fit."
[SIC]
2. The impugned order is a conditional order passed by
the Sessions Court, Kottayam, by which the sentence is suspended
with a condition that, the petitioner will deposit 20% of the fine
amount. According to the petitioner, he prayed for exemption from
the payment because 20% of the cheque amount was deposited
before the trial court. The same is not considered. Therefore, the
learned Session Judge erred in imposing such a condition. The
petitioner also submitted that, Ext.P6 is not a speaking order. The
2025:KER:38153
OP(CRL.) NO. 153 OF 2025
counsel relied on the judgment in Baiju v. State of Kerala [2023
(7) KHC 669].
3. Heard the counsel for the petitioner, counsel appearing
for the 2nd respondent and the Senior Public Prosecutor.
4. The counsel for the petitioner reiterated the
contentions in this original petition. The counsel for the 2 nd
respondent submitted that, the petitioner conceded before the
appellate court that he will deposit 20% of the amount, and that is
why the Sessions Court passed such an order.
5. This Court considered the contention of the petitioner,
the respondent and the Public Prosecutor. This Court also perused
the application filed by the petitioner before the Appellate Court
for suspension. In that affidavit, it is stated that the petitioner has
deposited 20% of the cheque amount before the trial court, and he
prayed for an exemption. That point is not considered by the
Appellate Court while considering the matter. Therefore, I am of
the considered opinion that, condition to deposit in Ext.P6 alone,
can be set aside. There can be a direction to reconsider the same
by the Sessions Court.
Therefore, this Original Petition (Crl) is disposed of with the
following direction:
2025:KER:38153
OP(CRL.) NO. 153 OF 2025
1. The condition to deposit 20% of the fine amount as
per Ext.P6 alone is set aside. The Sessions Court will
reconsider the same, after giving an opportunity to
hear the petitioner and the 2nd respondent.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SSG
2025:KER:38153
OP(CRL.) NO. 153 OF 2025
APPENDIX OF OP(CRL.) 153/2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE COMPLAINT DATED
28.03.2022 BEFORE THE HON'BLE CHIEF
JUDICIAL MAGISTRATE COURT, KOTTAYAM
Exhibit P2 A TRUE COPY OF THE RECEIPT DATED 10-7-
Exhibit P3 A TRUE COPY OF THE COMMON JUDGMENT IN
S.T.NO.150/2022 BEFORE THE JUDICIAL
FIRST CLASS MAGISTRATE COURT-II KOTTAYAM
DATED 18-12-2024
Exhibit P4 A TRUE COPY OF THE APPEAL MEMORANDUM
DATED 31.12.2024 BEFORE THE DISTRICT AND
SESSIONS COURT, KOTTAYAM
Exhibit P5 A TRUE COPY OF THE PETITION DATED
31.12.2024 IN CRL.M.A.NO.18/2025 IN
CRL.APP.NO.7/2025 BEFORE THE DISTRICT
AND SESSIONS COURT, KOTTAYAM
Exhibit P6 A TRUE COPY OF THE ORDER IN CRIMINAL
MP.NO.18/2025 IN CRIMINAL APPEAL NO.
7/2025 DATED 09.01.2025 BEFORE THE
DISTRICT AND SESSIONS COURT, KOTTAYAM
Exhibit P7 A TRUE COPY OF THE ACKNOWLEDGEMENT
RECEIPT
