Jayan @ Unni vs The State Of Kerala
2021 Latest Caselaw 12570 Ker

                   SUNIL THOMAS, J.
         ------------------------------------------
               Crl.Appeal No.281 of 2021
        -------------------------------------------
          Dated this the 26th day of May, 2021

                        ORDER

Crl.M.A.No.1 of 2021:

The petitioner stands arrayed as the sole accused in

SC.No.89 of 2017 of the Additional Sessions Judge-I,

(Special Court), Pathanamthitta for offencecs punishable

under Section 376 of the Indian Penal Code and Section 3

read with Sections 4 and 7 read with Section 8 of the

POCSO Act. He was found guilty and convicted for

offence punishable under Section 8 of the POCSO Act

alone. He was sentenced to undergo SI for three years

and to pay a fine of Rs.5000/- (Rupees five thousand

only) with a default sentence. The petitioner is in custody

since the date of judgment, since he could not offer any

surety at that point of time. The State was given

sufficient opportunity to oppose the application. After

having considered the nature of allegations and the

nature of sentence imposed, I feel that there is some Crl.Appeal No.281 of 2021

substance in the contentions set up by the petitioner

which needs to be addressed in extenso at the time of

final hearing. Having considered this, I am inclined to

suspend the sentence and to grant bail to the petitioner

on condition that he shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with two

sureties for the like sum each to the satisfaction of the

court below.

He shall not threaten, coerce or intimidate the

defacto complainant and her family members.

Sd/-

SUNIL THOMAS, JUDGE H/O

R.AV