Kerala High Court
Jose Rajan vs State Of Kerala on 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
CRL.M.APPL.NO.1/2023 IN CRL.A NO. 1894 OF 2023
SC 1315/2022 OF FAST TRACK SPECIAL COURT, PERUMBAVOOR
APPLICANT/APPELLANT:
JOSE RAJAN ,AGED 64 YEARS, S/O. RAJAN, MARANGATTU HOUSE,
MANACKAPPADY, ALLAPRA, VENGOLA VILLAGE - 683556
RESPONDENT/RESPONDENT:
STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM- 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the
appellant/applicant by the judgment of conviction and sentence in judgment
dated 31st October, 2023 on the files of Fast Track Special Court ,
Perumbavoor, in Sessions Case No.1315/2022 , which arose out of Crime
No.1382/2022 of Perumbavoor Police Station and release the
applicant/appellant on bail , pending disposal of the above Criminal
Appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of P.THOMAS GEEVERGHESE, TONY THOMAS
(INCHIPARAMBIL), E.S.FIROS, AMRUTHA K.P., SRADHA MOHAN, ARUN PAUL JACOB,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
p.t.o
P.G. AJITHKUMAR, J.
-----------------------------------------------------
Crl.M.A.No.1 of 2023
in
Crl.A.1894 of 2023
------------------------------------------------------
Dated this the 11th 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). The petitioner would contend that he is innocent and there is every chance for allowing the appeal and acquitting him. He was on bail during the trial of the case. In such circumstances, he claims that he is entitled to get execution of his sentence suspended.
2. The learned Public Prosecutor filed an objection on behalf of the respondent. It is contended that the evidence adduced by the prosecution proved beyond doubt that the petitioner had committed the offence alleged against him. The offence proved against the petitioner is grievous. On account of the offence he has committed and the consequent ostracisation, the victim, who was aged only 10 years at the time of occurrence, has been put to untold miseries. 2 Crl.M.A.No.1 of 2023 in Crl.A.1894 of 2023 Considering the gravity and nature of the offence and the tenure of the sentence imposed, the petitioner is not entitled to get an order to suspend the sentence.
3. Heard the learned counsel for the appellant and the learned Public Prosecutor.
4. The petitioner was convicted for the offence punishable under Section 354 of the Indian Penal Code, 1860 and under Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012. The term of sentence the petitioner has to undergo is imprisonment for 5 years.
5. The learned Public Prosecutor opposes the petitioner mainly on the ground that the petitioner has involved in another similar crime where the trial was yet to be concluded. The said case, namely, Sessions Case No.134 of 2022 is pending trial before the Fast Track Special Court, Perumbavoor.
6. The learned Public Prosecutor, on instructions, would submit that evidence on the side of the prosecution in 3 Crl.M.A.No.1 of 2023 in Crl.A.1894 of 2023 S.C.No.134 of 2022 is completed and the petitioner was examined under Section 313(1)(b) of the Code. In view of that the possibility of possibility of intimidating the witnesses in that case stands alleviated. Considering the nature and circumstances of this case and also the fact that the petitioner has been in jail since 31.10.2023, I am of the view that he is entitled to get execution of the sentence suspended.
Accordingly, this petition is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand 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 within one month;
ii) During the bail period, he shall not get involved in any offence; and
iii) 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 4 Crl.M.A.No.1 of 2023 in Crl.A.1894 of 2023 prosecution shall be at liberty to apply before this Court for cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE PV 11-04-2024 /True Copy/ Assistant Registrar