Shafeeque P vs State Of Kerala

Kerala High Court

Shafeeque P vs State Of Kerala on 23 May, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
           Thursday, the 23rd day of May 2024 / 2nd Jyaishta, 1946
                CRL.M.APPL.NO.1/2024 IN CRL.A NO. 645 OF 2024
             SC 593/2022 OF FAST TRACK SPECIAL COURT, KOZHIKODE
APPLICANT/APPELLANT/ACCUSED:

     SHAFEEQUE P, AGED 29 YEARS, S/O SAINUDHEEN, PATHIYIL HOUSE,
     PULIKKALTHODI, NADHINAGAR, KALLAI P.O, KOZHIKODE. , PIN - 673003

RESPONDENT/RESPONDENT/COMPLAINANT:

     STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE,
     PANNIYANKARA POLICE STATION, PANNIYANKARA-673003 (THROUGH THE PUBLIC
     PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM)


     Application praying that in the circumstances stated therein the

High Court be pleased to direct the suspension of the execution of the

sentence and order dated 13-11-2023 of the Court of the Fast Track Special

Judge , Kozhikode in SC No.593 of 2022 and order the release of the

Petitioner on bail till the disposal of the Criminal Appeal.



     This Application coming on for orders upon perusing the application

and upon hearing the arguments of     M/S.ASHIK K.MOHAMED ALI, VISHNU V.

NAIR, MUHAMMED RIFA P.M., GAYATHRI ASHISH NAIR, NAZRIYA NOUSHAD, 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.645 of 2024
      ------------------------------------------------------
            Dated this the 23rd 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. 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. Considering the gravity and nature of the offence 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.

Crl.M.A.No.1 of 2024 in Crl.Appeal No.645 of 2024

4. The petitioner was convicted for the offences punishable under Section 354 of the Indian Penal Code, 1860 and under Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012. The term of sentence the petitioner has to undergo is imprisonment for a period of 5 years. The trial court believing the evidence tendered by the prosecution found the petitioner guilty as mentioned above.

6. The learned counsel for the petitioner would submit that there have been serious discrepancies in the evidence of the victim and delay in lodging the complaint. Therefore, the conviction is based on unreliable and insufficient evidence, and the appeal will be allowed. Having gone through the judgment and considered the available materials, prima facie, I am unable to agree with the contention that the findings leading to conviction of the petitioner are wrong.

7. The learned Public Prosecutor would point out that the petitioner has involved in several other crimes and therefore releasing him on bail by suspending execution of the sentence 3 Crl.M.A.No.1 of 2024 in Crl.Appeal No.645 of 2024 would be prejudicial not only to the victim but also to the local residents.

8. The petitioner was convicted and sentenced on 13.11.2023. He has been in jail since the said date. Considering the nature of the offence he has committed and the period of sentence imposed, I am of the view that he can be granted bail by suspending execution of the sentence subject to conditions that will ensure safety and security of the victim as well as the public at large. 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 50% of the fine amount in the trial court within two months;

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

iii) During the bail period, he shall not get involved in 4 Crl.M.A.No.1 of 2024 in Crl.Appeal No.645 of 2024 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 23-05-2024 /True Copy/ Assistant Registrar