Kerala High Court
Crl.MC/5102/2010 of ABDUL SALAM Vs P.ASHOK KUMAR AND ANOTHER on 31 December 2010
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932 Crl.MC.No. 5102 of 2010() ------------------------- AGAINST THE ORDER IN CRMP.2000/2010 IN CRA.353/2010 of SESSIONS COURT, PALAKKAD CC.2/2009 of JUDICIAL MAGISTRATE
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
FRIDAY, THE 31ST DECEMBER 2010 / 10TH POUSHA 1932
Crl.MC.No. 5102 of 2010()
-------------------------
AGAINST THE ORDER IN CRMP.2000/2010 IN CRA.353/2010 of SESSIONS COURT, PALAKKAD
CC.2/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS - II,OTTAPALAM
....................
PETITIONER(S): APPELLANT/ACCUSED.
------------------------------------------------------- ABDUL SALAM, S/O. M.T.MOOSA MUSALIYAR, AGED 55 YEARS, MEDATHIL HOUSE, LAKKIDI, PERUR VILLAGE, AKALUR P.O., OTTAPPALAM TALUK.
BY ADV. SRI.JACOB SEBASTIAN
RESPONDENT(S): RESPONDENTS/COMPLAINANT.
--------------------------------------------------------------------
1. P.ASHOK KUMAR, S/O. P.BALAN,
AGED 44 YEARS, ASHOK BHAVAN, KANNIYAMPURAM, OTTAPPALAM.
2. STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI. VENUGOPAL.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 31/12/2010, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
P. BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No.5102 of 2010
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of December, 2010.
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ORDER
This is a petition filed under Section 482 of theCode of Criminal Procedure complaining about thecondition imposed by the appellate court whilesuspending execution of sentence in the appeal againstthe conviction and sentence passed by the trial court. Itis well settled that the appellate court is empowered toimpose such conditions as it deems fit, just and properwhile granting stay of execution of sentence. In the caseon hand that is all what has been done by the appellatecourt.
2. Faced with the above situation, learnedcounsel appearing for the petitioner pointed out thatsometime may be granted for depositing the amount asdirected by the court below.
Crl.M.C.5102/10.
Considering the facts and circumstances of thecase, the petitioner is given two months' time for depositingthe amount as directed by the court below.
P. BHAVADASAN, JUDGE
sb.