Kerala High Court
Chandran vs State Of Kerala on 3 August, 2021
CRL.A No.90/2021 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
Tuesday, the 3rd day of August 2021 / 12th Sravana, 1943
CRL.MA..NO.1/21 IN CRL.A NO. 90 OF 2021
SC 169/2016 OF THE FAST TRACK SPECIAL COURT(POCSO ACT) PAINAVU,IDUKKI.
PETITIONER/APPELLANT:
CHANDRAN, AGED 53 YEARS S/O. MARIYAPPAN, MANGALA HOUSE,
KATHIPPARA KARA, (KSEB 9-A QUARTERS), VELLATHOOVAL VILLAGE,
IDUKKI.
RESPONDENT/RESPONDENT:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH
COURT OF KERALA,THROUGH CIRCLE INSPECTOR,ADIMALY POLICE,
IDUKKI DISTRICT.
Petition praying that in the circumstances stated therein
the High Court be pleased to suspend the execution of sentence
in S.C.No. 169/2016 on the files of Fast Track Special
Court,Idukki,Painavu(for the trial relating to Atrocities and
Sexual violence against Women and Children) and release the
petitioner/appellant on bail till the disposal of the above
appeal in the interest of justice.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of SRI.RENJITH B.MARAR, SMT.LAKSHMI.N.KAIMAL,
SRI.E.A.HARIS, SHRI.ARUN POOMULLI, SHRI.BIJU VIGNESWAR, SMT.MEERA M.,
SMT.SURABHI SANTHOSH, Advocates for the petitioner and of PUBLIC
PROSECUTOR for the respondent, the court passed the following:
(PTO)
CRL.A No.90/2021 2/6
SHIRCY V., J
---------------------------------------------
Crl.M.Appln.No.1 of 2021
in
Crl.Appeal No.90 of 2021
------------------------------------------------------
Dated this the 3rd day of August, 2021.
ORDER
The petitioner who is the appellant in this appeal was convicted and
sentenced for the offences punishable under Section 376 (2)(i) of the
Indian Penal Code and Sec.5(c) read with Section 6 of the Protection of
Children from Sexual Offences Act (POCSO Act) by the learned Special
Judge, by a judgment dated 22.12.2020. The petitioner is sentenced to
undergo rigorous imprisonment for a period of 10 years and to pay a
fine of Rs.1,00,000/- in default to pay the fine, to undergo rigorous
imprisonment for a period of 1 year. This appellant has come up with
the prayer to suspend the execution of the sentence imposed upon him
and to release him on bail.
2. Heard the learned counsel for the petitioner and the learned
CRL.A No.90/2021 3/6
Public prosecutor.
3. The contention of the learned counsel for the petitioner is
that he was convicted without appreciation of the evidence on record
and he was all along on bail during the trial stage. As there is every
possibility for delay in disposal of the appeal, this application is filed
to suspend the sentence.
4. The application is opposed by the learned Public Prosecutor
contending that the court below has evaluated the evidence correctly
and convicted him and the gravity and seriousness of the offence
proved against him would dis-entitle him for an order of suspension
of sentence and there exists no special circumstances for
suspending the sentence of conviction and for releasing him on bail.
The petitioner was convicted by the trial court on 22.12.2020. The
appeal preferred by him was admitted on 28.5.2021. Since, the
appeal is of the year 2021 definitely the appeal cannot be disposed
CRL.A No.90/2021 4/6
Crl.M.Appln.No.1/2021 in Crl.A 90/2021 3
of expeditiously, as priority is to the old matters than the fresh one.
5. The Honorable Supreme Court in Bhagwan Rama Shinde
Gosai and others v. State of Gujarat [1999 5 SC 356] while dealing
with the matter of suspension of sentence observed that when the
appellate court finds that due to practical reasons appeal cannot be
disposed of expeditiously, the appellate court must bestow special
concern in the matter of suspending sentence.
6. A Division Bench of this Court in M.K Pradeep @ Lambu v.
State of Kerala (2014(1) KLT 998) observed that when an accused
was all along on bail during the trial stage and there were no
attempts from the part of the prosecution to get the bail of the
accused cancelled on any ground during the trial stage, the request
to suspend the sentence can be considered by the appellate court as
per 389(1) CrPC.
7. Here, in the case at hand while the appellant was working
CRL.A No.90/2021 5/6
Crl.M.Appln.No.1/2021 in Crl.A 90/2021 4
as a Sub Engineer at Kambilikandom, Idukki District he was booked
for the offences. The victim involved in this case is a resident of
Vellathooval in Idukki district. The main objection raised by the
learned Public Prosecutor is that if bail is granted to him there will
be every possibility to intimidate the minor child and put her under
threat. So, there exists no special circumstance to suspend the
sentence. But it is significant to note that the petitioner has
submitted before this Court that if he is released on bail after
suspending the sentence he will not enter into the district where the
minor child is residing and he intends to stay with his cousin brother
at Kollam in the address furnished by him in Crl.M.A No.3/2021.
This petitioner has no criminal record. It is also significant to note
that he was on bail throughout the trial of the case. There is also
every possibility of delay in disposal of the appeal as it is of the year
2021. Hence, I think that the sentence imposed on him can be
CRL.A No.90/2021 6/6
suspended imposing certain conditions.
Therefore, Crl.M.A. No. 1 of 2021 is allowed and the execution
of the sentence imposed on the petitioner by the court below is
suspended and he is enlarged on bail subject to the following
conditions:-
i) Petitioner shall execute a bond for Rs.1,00,000/-
(Rupees one lakh only) with two solvent sureties for the
like sum each to the satisfaction of the trial court .
ii) He shall not enter in Idukki District till disposal of the
appeal.
iii) He shall reside in the address furnished in Crl.M.A
No.3/2021 till disposal of the appeal pending before this
court. Sd/-
SHIRCY V
JUDGE
smm
03-08-2021 /True Copy/ Assistant Registrar
