IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 50 OF 2022
SC 599/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT ( FOR THE TRIAL OF
CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),
ERNAKULAM
PETITIONER/PETITIONER:
ANEESHA, AGED 29 YEARS, DAUGHTER OF LATE MR.DEVASSY, RESIDING AT
ARAKKAL HOUSE, KIZHAKAMBALAM (PO), ERNAKULAM DISTRICT, PIN-683 562.
RESPONDENTS/COMPLAINANT:
STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, KUTNNATHUNAD
POLICE STATION, REPRESENTED BY ITS THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN-682 031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed in
judgment and conviction in Judgment dated 10th January 2022 in sessions
Case No.599 of 2017 on the files of the Special Court for the Trial
relating to Offences Sexual Violence , Ernakulam , till the disposal of
the Criminal appeal and release the Petitioner/Appellant on bail in the
interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SHAJI CHIRAYATH, JIJI M. VARKEY,
M.M.SHAJAHAN,BHOOMIKA SAJAN,G.SAVITHA Advocates for the petitioner and of
PUBLIC PROSECUTOR for the respondent, the court passed the following:
P.T.O
DR.KAUSER EDAPPAGATH, J.
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Crl.M.Appln.No.1 of 2022
in
Crl.Appeal No.50 of 2022
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Dated this the 20th day of May, 2022
ORDER
This is an application to suspend the execution of sentence.
2. The petitioner is the 1st accused. She stands convicted and sentenced to undergo rigorous imprisonment for a period of 5 years and to pay a fine of Rs.10,000/- for the offence under Section 363 r/w 34 of the IPC, to undergo rigorous imprisonment for a period of 7 years and to pay a fine of Rs.10,000/- for the offence under Section 366A r/w 34 of the IPC and to undergo rigorous imprisonment for a period of 20 years and to pay a fine of Rs.25,000/- for the offence under Section 109 r/w 376D of the IPC.
3. I have heard Sri.Shaji Chirayath, the learned counsel for the petitioner and Smt.Bindhu, the learned Public Prosecutor for the respondent.
Crl.M.Appln.No.1 of 2022 in Crl.Appeal No.50 of 2022 ..2..
4. The learned Public Prosecutor strongly opposed the application.
5. The petitioner is a lady. The prosecution does not have a case that the petitioner has committed rape on the victim. The role attributed to the petitioner is kidnapping the victim from the school premises. However, in paragraph 47 of the judgment the court below held that PW1 could not establish that the petitioner kidnapped her. The petitioner is in custody since January, 2022. She has no criminal antecedents. Considering the pendency in this Court, there is no likelihood of taking up the appeal for final hearing in the near future. For all these reasons, I am of the view that execution of the sentence as against the petitioner can be suspended and she can be released on bail.
6. In the result, this petition is allowed. The execution of the sentence against the petitioner is suspended and she is released on bail on the following conditions:-
1. The petitioner shall execute a bond for Rs.1,00,000/- (Rupees One lakh only) with Crl.M.Appln.No.1 of 2022 in Crl.Appeal No.50 of 2022 ..3..
two solvent sureties for the like sum each to the satisfaction of the court below.
2. The petitioner shall deposit the entire fine amount at the court below within one month.
3. The petitioner shall surrender her passport at the court below. If she does not have a passport, she shall file an affidavit to that effect at the court below.
4. The petitioner shall not leave the State of Kerala without prior permission of the court.
5. The petitioner shall not in any way directly or indirectly contact the victim.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE skj 20-05-2022 /True Copy/ Assistant Registrar