In a criminal miscellaneous petition under Section 482 Cr.P.C., the Court set aside the condition requiring the petitioner to deposit one-half of the fine amount as a condition for suspension of sentence, directing a deposit of Rs. 10,000 instead.
Set aside the condition to deposit 1/2 fine; directed deposit of Rs. 10,000 within 30 days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
MONDAY, THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
Crl.MC.No. 1437 of 2019
AGAINST THE ORDER IN CRL.M.P. NO.392/2019 IN CRL.A. NO.14/2019 DATED 7.2.2019 ON THE FILE OF THE SESSIONS JUDGE, THRISSUR ARISING FROM SC NO.510/2011 OF THE ADDITIONAL ASST.SESSIONS COURT, IRINJALAKUDA
PETITIONER/ACCUSED:
CHEPPU @ SHEFEEK, AGED 28 YEARS S/O SHAMSUDEEN, KUNNATHUPADY HOUSE, KARA, KAHIYALAM DESOM, EDAVILANGU VILLAGE, KODUNGALLUR.
BY ADVS. SRI.SAIJO HASSAN SMT.P.PARVATHY SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.U.M.HASSAN
RESPONDENT/S:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 1437 of 2019
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ORDER
This petition is filed under Section 482 of the Cr.P.C.
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Crl.MC.No. 1437 of 2019
In the result this petition will stand allowed. The condition that the petitioner should deposit one half of the fine amount ordered by the trial court will stand set aside. The petitioner shall deposit a sum of Rs.10,000/- before the trial court within a period of 30 days from the date of execution of the bond.
Sd/-
RAJA VIJAYARAGHAVAN V., JUDGE
//TRUE COPY// P.A. TO JUDGE
avs
Crl.MC.No. 1437 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF THE ORDER PASSED BY THE SESSIONS COURT, THRISSUR DATED 7.2.2019
ANNEXURE 2 TRUE COPY OF THE TREATMENT CERTIFIED
RESPONDENT'S/S EXHIBITS:
NIL
avs //TRUE COPY// P.A TO JUDGE
1 issue framed by the court
Whether to set aside the condition of depositing half the fine amount suspended under Section 389 Cr.P.C.
2 provisions across 1 enactments
Cheppu @ ShefEEK
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
