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Judgments of Supreme Court of India and High Courts

Muhammed Sageer vs State Of Kerala on 10 October, 2018

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.

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