Mahesh.P.K vs State Of Kerala

Kerala High Court

Mahesh.P.K vs State Of Kerala on 3 May, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
            Friday, the 3rd day of May 2024 / 13th Vaisakha, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO. 494 OF 2024
               SC 814/2019 OF FAST TRACK SPECIAL COURT, KANNUR
APPLICANT/APPELLANT:

     MAHESH.P.K., AGED 41 YEARS, S/O.NANU, PANDAKKAL KUNIYIL HOUSE,
     KIDENHI, P.O.PERINGATHUR, KANNUR DISTRICT., PIN - 670675

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 allow this Criminal Appeal ,set aside the

judgment of guity of conviction and sentence in S.C.No.814 of 2019 on the

files of the Honourable Special Judge , Fast Track Special Court , Kannur

dated 27.02.2024 and acquit the appellant/accused of the offences , so as

to secure the ends of justice.



     This Application coming on for orders upon perusing the application

and upon hearing the arguments of M/S.D.ARUN BOSE, K.VISWAN, NIDHIN S.

KUMAR, 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 2024
                                in
                 Crl.Appeal No.494 of 2024
   -----------------------------------------------------------
            Dated this the 3rd day of May, 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 grave. 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 2 Crl.M.A.No.1 of 2024 in Crl.Appeal No.494 of 2024 punishable under Sections 354(A)(1)(i) and 506(i) of the Indian Penal Code, 1860 and under Sections 7 r/w 8, 9(l)(m) r/w 10 of the Protection of Children from Sexual Offences Act, 2012. The term of sentence the petitioner has to undergo is imprisonment for five years. He has been in jail since 27.02.2024 on which date he was convicted.

5. Having regard to the facts and circumstances of the case, 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.1,00,000/- (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 within one month;

ii) He shall not enter the local limits of Valapattanam Police Station till the final disposal of this appeal; 3

Crl.M.A.No.1 of 2024 in Crl.Appeal No.494 of 2024

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 dkr 03-05-2024 /True Copy/ Assistant Registrar