IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 29TH APRIL 2008 / 9TH VAISAKHA 1930 Crl.MC.No. 1741 of 2008() ------------------------- AGAINST THE ORDER DATED 10/04/2008 IN CRMP. 961 /2008 IN CRA.317/2008 of SESSIONS COURT, KOZHIKOE .................... PETITIONER: APPELLANT/ACCUSED ------------ ABDULSAMAD, S/O.HASSAN, AGED 38 YEARS VALIYIL HOUSE, PALLIKKARA AMSOM DESOM KOYILANDY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: RESPONDENT ------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE VADAKARA POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.RAVINDRA BABU THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 22/04/2008, THE COURT ON 29/04/2008 PASSED THE FOLLOWING: V.K.MOHANAN, J. ------------------------------------ Crl.M.C.No.1741 of 2008 ------------------------------------- Dated this the day of April, 2008 ORDER This is an application filed by the petitioner to quash Annexure-A1 order issued by the Sessions Court, Kozhikode in Crl.M.P.No.961 of 2008 in Crl.Appeal No.317 of 2008 and to allow Crl.M.P.No.961 of 2008 filed by the petitioner in the court below. 2. The petitioner herein is the appellant in Crl.Appeal No.317 of 2008, which was filed challenging the conviction and sentence imposed on him in C.C.No.724 of 2004 of the Judicial Magistrate of the First Class, Vadakara. By the impugned judgment of the trial court, the petitioner was found guilty for the offences punishable under Sections 468, 411 and 471 I.P.C. It is the above conviction and sentence which were challenged before the Sessions Court, Kozhikode by way of filing Crl.Appeal No.317 of 2008. Along with the Criminal Appeal, the petitioner herein had preferred Crl.M.P.No.961 of 2008 to suspend the sentence and for bail under Section 389(1) Cr.P.C. The Sessions Court as per Annexure-A1 order rejected the prayer to suspend the sentence and the appeal itself is posted for hearing to 21.05.08. The Crl.M.C.No.1741 of 2008 2 reason given by the lower appellate court for dismissing the said petition is that the appellant/petitioner herein is already convicted in two other cases. It appears that the learned Sessions Judge was carried away by the submission of the learned Public Prosecutor who opposed the petition to suspend the sentence on the ground that the petitioner is a habitual offender and if he is granted bail, he is likely to commit crimes of similar nature and it is not possible to apprehend him. I have heard the learned counsel for the petitioner as well as the learned Public Prosecutor. It is brought to my notice that during trial of all the cases namely, C.C.Nos.740 of 2004, 724 of 2004 and 727 of 2004, the petitioner was on bail. It is also brought to my notice that in two cases mentioned in the impugned order, the petitioner has filed appeals before the very same Sessions Court and those appeals were admitted and sentence in the said cases were suspended. I find no fault with Annexure-A1 order passed by the lower appellate court. But the apprehension of the court below that the petitioner will not be available if he is released on bail can be taken note of and appropriate condition can be incorporated. Since the Crl.M.C pertaining to the question regarding the Crl.M.C.No.1741 of 2008 3 suspension of sentences, I think it need not be kept on the file of this Court, but the same can be disposed of. Accordingly the Crl.M.C is disposed of on terms. Crl.M.P.No.961 of 2008 in Crl.Appeal No.317 of 2008 on the file of the Sessions Court, Kozhikode Division is allowed on the following conditions. a) The petitioner shall execute a bond for Rs.25,000/- (Rupees Twenty five thousand only) with two solvent sureties each of them for the like amount to the satisfaction of the trial court. b) The petitioner shall deposit a sum of Rs.Rs.25,000/- (Rupees Twenty five thousand only) in the court of Judicial Magistrate of the First Class, Vadakara at the time of executing the bond for bail. Since in the impugned order itself it is observed that the appeal pending before the court below can be disposed of within a shortest possible period, the same can be done without further direction from this Court. This Crl.M.C is disposed of accordingly. (V.K.MOHANAN, JUDGE) rtr/- Crl.M.C.No.1741 of 2008 4