Kerala High Court
Santhosh Kumar 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.1/2024 IN CRL.A NO.527 OF 2024
SC 772/2020 OF FAST TRACK SPECIAL COURT, NEYYATTINKARA
APPLICANT/APPELLANT:
SANTHOSH KUMAR, S/O RAJU, ALUNINNAVILA VEEDU, NEAR KANIYAMKULAM,
MANALOOR DESOM, NEYYATTINKARA VILLAGE, THIRUVANANTHAPURAM, PIN -
695121.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed
against the applicant in judgment dated 28.02.2024 in S.C.No.772/2020 on
the file of Fast Track Special Court of Session, Neyyattinkara and enlarge
the applicant on bail, pending final disposal of the above Criminal
Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.S.MOHAMMED AL RAFI, THAJUNA MARIA
FRANCIS, Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent,the court passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl.M.A. No.1 of 2024
in
Crl.Appeal No.527 of 2024
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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 opposes the petition by contending 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 the victim, who was minor boy of 14 years at the time of occurrence, has been put to untold miseries. 2 Crl.M.A. No.1 of 2024 in Crl.Appeal No.527 of 2024 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 7 read with Section 8, Section 9(f) read with Section 10 and Section 11(iii) read with Section 12 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 petitioner was said to have showed pornographic video to the victim and sexually assaulted him by touching his thigh and genitals at the tuition centre where the petitioner was a teacher. The trial court believing the evidence tendered by the prosecution convicted the petitioner.
6. When a teacher commits such an offence, it is serious. However, the petitioner has serious challenge to the 3 Crl.M.A. No.1 of 2024 in Crl.Appeal No.527 of 2024 finding that he was a teacher as also that he committed such offences. He was convicted and sentenced on 28.02.2024 and he has been in jail since that date. Considering the nature of the offence and the grounds the appellant has raised, I am of the view that execution of sentence can be suspended subject to strict conditions.
7. 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) He shall not enter the local limits of Neyyattinkara Police Station 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 4 Crl.M.A. No.1 of 2024 in Crl.Appeal No.527 of 2024 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 SMF 11-04-2024 /True Copy/ Assistant Registrar