Kerala High Court
Xxxxxx vs State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
CRL.M.APPL.NO.3/2022 IN CRL.A NO. 500 OF 2022
SC 721/2017 OF FAST TRACK SPECIAL COURT, NEDUMANGAD
PETITIONER/APPELLANT:
XXXX
RESPONDENT/RESPONDENT:
STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence in
S.C.No.721/2017 on the file of Fast Track Special Court , Nedumangad dated
26.3.2022 , pending final disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and this court's order dated 12.08.2022 in Crl.M.A.No.1/2022 and upon
hearing the arguments of SRI.A.S.SHAMMY RAJ, Advocate for the petitioner
and of the PUBLIC PROSECUTOR for the respondent, the court passed the
following:
p.t.o
P.G. AJITHKUMAR, J.
-----------------------------------------------------
Crl.A.No.3 of 2022
in
Crl.A.No.500 of 2022
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Dated this the 5th day of April, 2024
ORDER
This is a petition filed by the appellant under Section 389(1) of the Code of Criminal Procedure, 1973 (Code). Petitioenr has filed Crl.M.A.No.1 fo 2022 seeking suspension of sentence earlier. That petition was dismissed by this Court as per the order dated 12.08.2022. The present petition is filed pointing out, essentially, that the petitioner has been under detention for about two years as against the sentence of five years imprisonment imposed as per the impugned judgment.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Although the petitioner was charged for penetrative sexual assault also, he was convicted for offence under Section 7 read with 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). Petitioner is said to be the step father of the victim, a fact which is disputed by 2 Crl.A.No.3 of 2022 in Crl.A.No.500 of 2022 the petitioner. The fact that they were living together is evident from the materials on record. While so the incident had happened. However, considering the fact that the petitioner has been under detention for almost two years in connection with this case, execution of sentence can be suspended, for, this appeal could not be heard and decided immediately. The learned Public Prosecutor made available for my perusal a report of the Inspector of Police, Vattiyoorkavu Police Station. The statement of the mother of the victim was recorded by him. She expressed her apprehension as to the safety of the victim if the petitioner is released on bail. Having regard to that fact, petitioner can be granted bail only subject to strict conditions.
4. Accordingly, this petition is allowed and the petitioner is granted bail on his executing a bond for Rs.1,00,000/- (Rupees one lakh only), with two solvent sureties for the like amount each, to the satisfaction of the trial court, subject to the following conditions:
i) He shall deposit entire fine amount in the trial court 3 Crl.A.No.3 of 2022 in Crl.A.No.500 of 2022 within one month;
ii) He shall not enter the Revenue District of Thiruvananthapuram till the final disposal of this appeal;
iii) During the bail period, he shall not get involved in any offence; and
iv) He shall not contact or try to intimidate the victim or witnesses examined in the case.
In case of breach of any of the above conditions, the prosecution shall be at liberty to apply before this Court for cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE PV 05-04-2024 /True Copy/ Assistant Registrar