Binu Ps. v. Praveen

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 15TH DAY OF SEPTEMBER 2015/24TH BHADRA, 1937 Crl.MC.No. 6179 of 2015 --------------------------------- ST 26/2013 of J.M.F.C - II, CHENGANACHERRY DATED 30-04-2015 CRL.MP.967/2015 IN CRL.A.96/2015 OF ADDITIONAL SESSIONS COURT-11 (SPL) KOTTAYAM.

------------------- PETITIONER(S)/PETITIONER/APPELLANT:

----------------------------------------------------------- BINU P.S., AGED 37 YEARS, S/O.SUKUMARAN, PROPRIETOR, MEENAKSHI COIR WORKS, RESIDING AT PAPPARAMBIL, CHARAMANGALAM, MAYITHARA MARKET P.O., PIN-688539.

BY ADVS.SRI.S.SANAL KUMAR SRI.M.T.SURESHKUMAR SMT.T.J.SEEMA SMT.BHAVANA VELAYUDHAN SMT.SMITHA PHILIPOSE RESPONDENT(S)/COUNTER PETITIONER/RESPONDENT & STATE: --------------------------------------------------------------------------------------------- 1.

PRAVEEN, PROPRIETOR, PROVIDENCE RUBBERS, MELDOM BUILDING, PAKKIL P.O., KOKTTAYAM-686012. 2.

STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

R2 BY PUBLIC PROSECUTOR SMT.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 6179 of 2015 --------------------------------- APPENDIX PETITIONERS' ANNEXURES ---------------------------------------- A1:

COPY OF THE ORDER IN ST.NO.26/13 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHANGANACHERRY DATED 30/4/15 A2:

COPY OF THE ORDER IN CRL.MP.967/15 OF THE ADDITIONAL SESSIONS JUDGE-II(SPL), KOTTAYAM DATED 16/7/15.

RESPONDENTS' ANNEXURES ----------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.6179 of 2015 ````````````````````````````````````````````````````````````` Dated this the 15th day of September, 2015

O R D E R

~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner.

2.

On hearing the learned counsel for the petitioner and on going through the facts and circumstances of the case, this Court is of the view that Annexure-A2 order requires modification. The sentence imposed by the trial court shall stand suspended and the petitioner shall be enlarged on bail on his executing a bond for `1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court. Crl.M.C. is disposed of as above.

Sd/- (B.KEMAL PASHA, JUDGE) aks/15/09 // True Copy // PA to Judge