Kerala High Court
Ajesh vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 12th day of April 2024 / 23rd Chaithra, 1946
CRL.M.APPL.NO.1/2024 IN CRL.A NO. 549 OF 2024
SC 73/2017 OF ADDITIONAL SESSIONS COURT-II ALAPPUZHA
APPLICANT/APPELLANT:
AJESH ,AGED 48 YEARS ,S/O. SOOLAPANI, RAREERAM VEEDU, WARD NO. 6,
PUNNAPRA NORTH PANCHAYATH, NOW RESIDING AT LUCY VILLA, EAST OF
GURUMANDIRAM, WARD NO. 16, PUNNAPRA NORTH PANCHAYATH, ALAPPUZHA
DISTRICT , PIN - 688003
RESPONDENT/RESPONDENT:
THE 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 pass an order to suspend the execution of
sentence passed against the applicant/appellant vide judgment dated
16/3/2024 in S.C.No.73/2017 on the file of Addl.Sessions Court-
II,Alappuzha , during the pendency of above Criminal Appeal , so as to
secure the ends of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SRI.G.PRIYADARSAN THAMPI, 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.M.A.No.1 of 2024
in
Crl.Appeal No.549 of 2024
..........................................................
Dated this the 12th 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. He, therefore, seeks to suspend execution of the sentence.
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. It is further pointed out that the petitioner was the accused in two other crimes involving serious offences and a rowdy history was opened against him in 2018. The learned Public Prosecutor accordingly seeks to dismiss the petition.
3. Heard the learned counsel for the appellant and the learned Public Prosecutor.
4. The petitioner was convicted for the offence punishable under Section 307 of the Indian Penal Code, 1860. The term of Crl.M.A.No.1 of 2024 in Crl.Appeal No.549 of 2024 2 sentence the petitioner has to undergo is imprisonment for five years. He has been in jail since 16.03.2024 on which date he was convicted.
5. In the other two cases where the petitioner was an accused also serious offences were alleged. He was acquitted in both the said cases after trial. Therefore, the same cannot be a reason for dismissing this petition. However, such a history of the petitioner impels this Court to take a strict view even while suspending execution of the sentence. Having regard to such facts and circumstances, I am of the view that execution of the sentence imposed on the petitioner can be suspended subject to conditions.
Accordingly, this petition is allowed and the petitioner is granted bail by suspending execution of the sentence on his executing a bond for Rs.1 lakh (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 within one month;
ii) The petitioner shall report before the Station House Officer, Punnapra Police Station every Wednesday between 03:00 p.m. and 03:30 p.m. He shall not enter the local limits of Punnapra Police Station for a period of Crl.M.A.No.1 of 2024 in Crl.Appeal No.549 of 2024 3 three months from today except for complying the aforesaid condition;
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 Dxy/dkr 12-04-2024 /True Copy/ Assistant Registrar