KRISHNAMOORTHY Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS petition concerns the 3rd accused in C.C. No. 818 of 2009 of the Court of learned Judicial First Class Magistrate -II, Hosdurg, who, along with others was convicted for offences punishable under Secs.457, 380, 461 and 120B r/w Sec.34 of the Indian Penal Code and sentenced to undergo imprisonment for various periods and as the learned counsel submits, consecutively. Petitioner has preferred Crl.Appeal. No. 102 of 2011 challenging his conviction and sentence. That appeal is now pending consideration before learned Additional Sessions Judge (Adhoc -III), Kasaragod. Petitioner had filed application for suspension of sentence and for bail before learned Sessions Judge under Sec.389 of the Code of Criminal Procedure (for short, "the Code") but, that application was dismissed. That dismissal was challenged in this Court in Crl.M.C. No. 1794 of 2011. By order dated 16.06.2011 this Court refused to interfere with the discretionary jurisdiction exercised by the learned Sessions Judge but directed the learned Sessions Judge who is hearing Crl.Appeal. No. 102 of 2011 to expedite disposal of the appeal having regard to the fact that petitioner is in custody for about 2 years from the date of the said order. In the meantime, 6th accused in the case moved the Supreme Court for suspension of sentence and the Supreme Court was inclined to grant him bail as per order dated 27.01.2012 in S.L.P.(Crl) No. 9490 of 2011.

(2.) PETITIONER has now moved this Court again under Sec.482 of the Code requesting to suspend the sentence and grant him bail in the light of the order passed by the Supreme Court concerning a similarly placed accused.

(3.) LEARNED Public Prosecutor has raised the apprehension that since petitioner belongs to Tamil Nadu, he may make his presence scarce when required. It is also submitted by the learned Public Prosecutor that petitioner is involved in other cases as well and that he is one of the main accused in the case.