Kerala High Court
Gopalakrishnan vs State Of Kerala on 22 March, 2014
Author: A.M.Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
TUESDAY, THE 22ND DAY OF APRIL 2014/2ND VAISAKHA, 1936
Crl.MC.No. 2288 of 2014 ()
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ST.NO.31/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, CHITTUR
CRL.A.NO.18/2014 OF SESSIONS COURT, PALAKKAD
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PETITIONER/APPELLANT/ACCUSED :
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GOPALAKRISHNAN,
S/O.K.VISWANATHAN, TEACHER, GHS,
KODUVAYUR, CHITTUR TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.C.JAYACHANDRAN (KAYAMKULAM)
RESPONDENT(S)/RESPONDENTS IN CRL.APPEAL/COMPLAINANT :
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
2. DR.PRASANTH, AGED 43 YEARS,
PRIMARY HEALTH CENTRE, KODUVAYUR, CHITTUR TALUK,
PALAKKAD DISTRICT-678 501.
R1 BY PUBLIC PROSECUTOR SMT. S.HYMA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22-04-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 2288 of 2014 ()
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APPENDIX
PETITIONER(S)' ANNEXURES:
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ANNEX-A1. A TRUE COPY OF THE ORDER DATED 22/3/2014 IN CRL.MP.
NO.126/2014 IN CRIMINAL APPEAL NO.18/2014 OF THE DISTRICT AND
SESSIONS COURT, PALAKKAD.
ANNEX-A2. TRUE COPY OF DISCHARGE SUMMARY ISSUED BY THE ONCOLOGY
DEPARTMENT OF THE SREE RAMAKRISHNA INSTITUTE OF
ONCOLOGY, COIMBATORE.
ANNEX-A3. TRUE COPIES OF THE BILLS ISSUED FROM SREE RAMAKRISHNA
INSTITUTE OF ONCOLOGY, COMBATORE FOR THE CHEMO THERAPY
OF THE PETITIONER'S WIFE DATED 14/12/2013, 5/1/2014 AND 27/1/2014.
RESPONDENT(S)' ANNEXURES: NIL
/TRUE COPY/
P.A.TO.JUDGE
sts
A.M.SHAFFIQUE, J
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Crl.M.C.No.2288 of 2014
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Dated this the 22nd day of April 2014
O R D E R
Petitioner is aggrieved by Annexure A1 order issued by the Sessions Court, Palakkad suspending the sentence of the petitioner/accused on condition of executing a bond for Rs.40,000/- with two solvent sureties each for the like sum and also on depositing Rs.50,000/- before the lower court within a period of one month.
2. The petitioner is aggrieved by the second direction which calls upon him to deposit Rs.50,000/-. It is alleged that the petitioner's wife is undergoing chemo therapy and therefore he is unable to deposit any amount, as matters stand now. During the course of hearing, learned counsel for the petitioner offered to give security for Rs.50,000/- which is directed to be deposited.
3. Taking into consideration the factual circumstances involved in the matter, I am of the view that Crl.M.C.No.2288/2014 2 such concession can be granted to the petitioner. Accordingly, this case is disposed of modifying Annexure A1 order to the extent of permitting the petitioner to provide security to the satisfaction of the court below for an amount of Rs.50,000/- instead of depositing the said amount.
This Crl.M.C is disposed of as above.
(sd/-) (A.M.SHAFFIQUE, JUDGE) jsr