IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY,THE 10TH DAY OF OCTOBER 2018 / 18TH ASWINA, 1940
Crl.MC.No. 6743 of 2018
AGAINST THE ORDER/JUDGMENT IN CRA 225/2018 of D.C. SESSIONS
COURT,THRISSUR
AGAINST THE ORDER/JUDGMENT IN CC 1880/2016 of J.M.F.C. – I, CHALAKUDY
PETITIONER/APPELLANT/ACCUSED 1 2 :
1 MUHAMMED SAGEER,
AGED 28 YEARS,
S/O. ALISABRI, KUNNEDATH HOUSE, MANATHALA DESOM,
CHAVAKKAD VILLAGE.
2 SUHARABI,
AGED 57 YEARS
W/O ALISABRI,KUNNEDATH HOUSE,MANATHALA DESOM,CHAVAKKAD
VILLAGE.
BY ADV. SRI.K.I.SAGEER
RESPONDENT/STATE:
STATE OF KERALA
REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM – 682 031.
OTHER PRESENT:
SRI. T.R RENJITH PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.6743/2018 2
O R D E R
The petitioners herein, who were sentenced to undergo SI for six
months for offences punishable under section 406 IPC, preferred
Criminal Appeal No.225/2018 before the Sessions Court, Thrissur.
The learned Sessions Judge by order in Crl.M.P.No.2842/2018
suspended the sentence on condition that, the petitioners herein shall
execute a bond for a sum of Rs.30,000/- each with two solvent sureties
and also deposit Rs.2,00,000/- out of the fine amount. Thereafter, the
petitioners herein sought for modification of condition by filing
Crl.M.P.No.3487/2018. This application was allowed in part by the
court below taking note of the fact that the petitioners herein had
deposited Rs.1,00,000/- on 28/1/2014. The learned Sessions Judge
gave credit to that amount towards the portion of Rs. 2,00,000/-
ordered to be deposited as a condition for suspending the sentence.
The petitioners herein were directed to deposit the balance amount on
or before 5/10/2018. This order is under challenge before this Court.
2. It seems that, the court below has taken fairly reasonable
view by giving credit to Rs.1,00,000/- already deposited towards the
amount ordered to be deposited as a condition for suspending the
sentence. Though the learned counsel for the petitioners did not
challenge that order on merits, the limited prayer sought by the
petitioners herein was for a reasonable time for depositing the
remaining amount of Rs.1,00,000/-. Considering the fact that, the
Crl.M.C.No.6743/2018 3
petitioners herein have a case that, the second petitioner was
undergoing medical treatment for cancer and disc complaint proved
by medical records, which he has placed along with
Crl.M.P.No.3487/2018, I am inclined to grant two months time to the
petitioners from 5/10/2018, to deposit the balance amount. All other
conditions will remain.
The Crl.M.C. is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Crl.M.C.No.6743/2018 4
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE JUDGEMENT DATED
20.06.20I8 IN C.C.NO.1880/2016 ON THE
FILE OF THE HON’BLE JUDICIAL FIRST CLASS
MAGISTRATE COURT,CHALAKUDY
ANNEXURE A2 A TRUE COPY OF THE MEMORANDUM OF APPEAL
IN CRL.APPAEL NO.225/2018 FILED BEFORE
THE HON’BLE SESSIONS COURT,THRISSUR.
ANNEXURE A3 A TRUE COPY OF THE
PETITION,CRL.M.P.NO.2842/2018 IN
CRL.APPEAL NOI.225/2018 BEFORE THE
HON’BLE SESSIONS COURT,THRISSUR
ANNEXURE A4 A TRUE COPY OF THE ORDER DATED
23.08.2018 IN CRL.M.P.NO.2842/2018 IN
CRL.A.NO.225/2018 ON THE FILE OF THE
HON’BLE SESSIONS JUDGE,THRISSUR
ANNEXURE A5 A TRUE COPY OF THE
PETITION,CRL.M.P.NO.3487/2018 IN
CRL.M.P.NO.2842/2018 IN CRL.APPEAL
NO.225/2018 BEFORE THE HON’BLE SESSIONS
COURT,THRISSUR DATED 18.O9.2018.
ANNEXURE A6 A TRUE COPY OF THE ORDER DATED
29.09.2018 IN CRL.M.P.NO.3487/2018 IN
CRL.M.P.NO.2842/2018 IN CRL.APPPEAL
NO.225/2018 BEFORE THE HON’BLE SESSIONS
COURT,THRISSUR.