Kerala High Court
Mukesh Murali @ Kannan vs State Of Kerala on 16 January, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
Thursday, the 16th day of January 2025 / 26th pousha, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO.2384 OF 2024
SC 190/2019 OF ADDITIONAL DISTRICT SESSIONS COURT - V, KOTTAYAM
APPLICANTS/APPELLANT/ACCUSED NO.1 TO 3:
1. MUKESH MURALI @ KANNAN, AGED 47 YEARS, S/O. MURALEEDHARAN PILLAI,
THUNDATHIL HOUSE, PADINJATTUMBHAGAM KARA, CHIRAKADAVU VILLAGE,
KANJIRAPPILLY, KOTTAYAM.
2. KARTHIK MANOJ, AGED 29 YEARS, S/O. MANOJ, KUDUMBIYAMKUZHIYIL HOUSE,
KALAMBUKATTUKAVALA BHAGAM, CHIRAKKADAVU VILLAGE, KANJIRAPPILLY,
KOTTAYAM.
3. RIYASKHAN, AGED 31 YEARS, S/O. SHARAFUDHEEN, VADAKKEL
HOUSE, PADINJATTUMBHAGAM KARA, CHIRAKKADAVU VILLAGE, KANJIRAPPILLY,
KOTTAYAM.
RESPONDENT/RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
(CRIME NO.683/2018 OF PONKUNNAM POLICE STATION, KOTTAYAM DISTRICT)
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed vide
Judgment dated 06.12.2024 in SC No.190/2019 by the Addl. Sessions Judge -
V, Kottayam and be further pleased to enlarge the petitioners on bail,
till the disposal of the Crl. Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.S.RAJEEV, DIPA V., V.VINAY,
M.S.ANEER, SARATH K.P., ANILKUMAR C.R., K.S.KIRAN KRISHNAN, Advocates for
the petitioners and of the PUBLIC PROSECUTOR for the respondent,the court
passed the following:
P.T.O.
C.S.SUDHA, J.
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Crl.M.Appl. No.1 of 2024
in
Crl. Appeal No.2384 of 2024
---------------------------------------------------------------
Dated this the 16th day of January 2025
ORDER
This is an application filed under Section 430(1) of the Bharathiya Nagarik Suraksha Sanhita, 2023, seeking suspension of sentence of the applicants/accused in S.C. No.190 of 2019 on the file of the Court of Session, Kottayam. The applicants/accused persons have been found guilty of the offences punishable under Sections 324, 326 and 307 read with Section 34 IPC. The applicants/accused persons have been sentenced to varying terms of imprisonment for the aforesaid offences. The sentences have been directed to run concurrently. Therefore, the maximum period of imprisonment the applicants/accused persons will have to undergo is for a period of seven years.
2. The learned counsel for the applicants/accused persons submits that the applicants are undergoing Crl. Appeal No.2384 of 2024 2 imprisonment for the last four months and hence a lenient view may be taken and the sentence may be suspended.
3. The application is opposed by the learned Public Prosecutor who has filed statement of facts which refers to the criminal antecedents of the accused persons , the details of which are as follows:
Criminal antecedents of A1
1. Cr.580/18 u/s 143, 147, 149, 447, 451, 427, 326, 294(b), 506(ii) IPC - Acquitted u/s 255(1) CrPC on 23.02.2023.
2. Cr.578/18 u/s 143, 147, 148, 427, 294(b), 506(ii) IPC - Acquitted u/s 255(1) CrPC on 30.06.2023.
3. Cr.51/17 u/s 294(b), 323, 341 IPC - Acquitted u/s 320(8) CrPC on 27.10.2018.
4. Cr.834/14 u/s 451, 341, 294(b), 323, 506(ii), 427 IPC - Acquitted on 03.01.2017.
5. Cr. 440/12 u/s 458, 395, 427, 34 IPC - Acquitted Crl. Appeal No.2384 of 2024 3 U/S 320(8) CrPC on 17.02.2014
6. Cr. 442/12 u/s 447, 427 IPC- Acquitted U/S 320(8) CrPC.
7. Cr. 32/05 u/s 341, 323 IPC - Acquitted U/S 248(1) CrPC on 03.01.2006
8. Cr. 199/05 u/s 452, 341, 323 324, 506(ii), 34 IPC - Acquitted U/S 248(1) CrPC on 02.12.2006
9. Cr. 04/06 u/s 341, 323, 294(b), 34 IPC -
Acquitted U/S 255(1) CrPC on 30.04.2009
10. Cr. 05/06 u/s 143, 147, 148, 452, 324, 427 IPC
- Acquitted U/S 320(8) CrPC on 18.10.2008
11. Cr. 47/06 u/s 143, 147, 148, 323, 324, r/w 149 IPC - Acquitted U/S 248(1) CrPC on 27.01.2009
12. Cr. 72/06 u/s 341, 323, 34 IPC - Acquitted U/S 255(1) CrPC on 24.07.2009
13. Cr. 73/06 u/s 324, 34 IPC- Acquitted
14. Cr. 174/06 u/s 143, 144, 147, 148, 341, 324, r/w 149 IPC - Acquitted U/S 320(8) CrPC on Crl. Appeal No.2384 of 2024 4 08.09.2009
15. Cr. 191/06 u/s 353, 294(b), 506(ii) IPC- Acquitted U/S 248(1) CrPC on 12.03.2009
16. Cr. 05/08 u/s 324, 294(b), 341, 34 IPC- Acquitted U/S 232 CrPC on 22.02.2011 Recently, he was also involved in crime 108/2024 U/S 294(b), 506(1), 427 IPC. The said case is pending trial as CC 127/24 before the JFMC II Kanjirappally. Criminal antecedents of A2
1. Cr. 578/18 u/s 143, 147, 148, 427, 294(b), 506
(ii) IPC - Acquitted U/S 255(1) CrPC on 30.06.2023
2. Cr. 580/18 u/s 143, 147, 149, 447, 451, 427, 326, 294(b), 506(ii) IPC - Acquitted U/S 255(1) CrPC on 23.02.2023
3. Cr. 581/18 u/s 447, 427, 294(b), 506(i) IPC - Acquitted U/S 248(1) CrPC on 07.06.2024
4. Cr.676/18 u/s 324, 323, 341 & 34 IPC - Crl. Appeal No.2384 of 2024 5 Acquitted U/S 248(1) CrPC on 07.06.2024. Criminal antecedents of A3
1. Cr. 578/18 u/s 143, 147, 148, 427, 294(b), 506(ii) IPC - Acquitted U/S 255(1) CrPC on 30.06.2023
2. Cr. 581/18 u/s 447, 427, 294(b), 506(i) IPC - Acquitted U/S 248(1) CrPC on 07.06.2024
3. Cr.676/18 u/s 324, 323, 341 & 34 IPC - Acquitted U/S 248(1) CrPC on 07.06.2024
4. Heard both sides.
5. On going through the report, I find that though there are several cases registered against the applicants/accused persons, in almost all cases, they have been acquitted. Taking into account the sentence in this case and the fact that since the appeal is of the year 2024, there is no possibility of taking up the appeal in the near future, in the interest of justice, the substantive sentence of imprisonment imposed on the applicants/accused persons is suspended till the disposal of the Crl. Appeal No.2384 of 2024 6 appeal subject to the following conditions:-
i) The applicants/accused persons shall be released on bail on executing a bond for ₹50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court;
ii) They shall deposit the entire fine amount within a period of three months from the date of receipt of a copy of this order.
iii) The applicant/accused persons shall report before the SHO concerned, once every month, that is, on all fourth Saturdays, between 10:30 a.m. and 11:30 a.m. until further orders.
iv) They shall not commit any offence(s) while on bail;
v) If the conviction and sentence of the applicants/accused persons is upheld or even modified, the time during which they are so released shall be excluded in computing the term Crl. Appeal No.2384 of 2024 7 of their sentence as provided in Section 430(4) BNSS
vi) It is made clear that if any of the conditions are violated, the bail shall stand cancelled.
Post on 20/05/2025.
Sd/-
C.S.SUDHA NP JUDGE 16-01-2025 /True Copy/ Assistant Registrar