Kerala High Court
X vs State Of Kerala on 13 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 244 OF 2021
SC 198/2016 OF SPECIAL COURT FOR TRIAL OF OFFENCES RELATING TO ATROCITIES
AGAINST WOMEN & CHILDREN INCLUDING POCSO CASES(ADDITIONAL SESSIONS COURT-
I),ALAPPUZHA
PETITIONER/APPELLANT:
X
RESPONDENT/RESPONDENT:
STATE OF KERALA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM.
Petition praying that in the circumstances stated therein the High
Court be pleased to order suspension of sentence passed against the
petitioner/appellant vide the judgment dated 22.02.2021 in S.C.No.198/2016
of the Special Court for trial of offences relating to atrocities against
women and children including POCSO cases(Addl.Sessions Court-I),Alappuzha
, and order him to be released on bail , during the pendency of this
Crl.A.
This petition coming on for orders upon perusing the petition and
upon hearing the arguments of SRI.B.PRAMOD, Advocate for the petitioner
and PUBLIC PROSECUTOR for the respondent, the court passed the following:
P.T.O
M.R.ANITHA, J.
---------------------------------------
Crl.M.A.No.1 of 2021
in
Crl.A No.244 of 2021
-----------------------------------------
Dated this the 13th day of September, 2021
ORDER
This is an application filed by the petitioner under Section
389 (1) and 482 of Cr.P.C. for suspension of sentence. The
petitioner is the accused in S.C.No.198/2016 of the Special
Court for trial of offences relating to atrocities against women
and children including POCSO (Addl. Sessions Court-I),
Alappuzha. The petitioner/accused was found guilty for the
offences punishable under Sections 376(2)(f), 376(2)(i),
376(2)(n) of IPC and Section 6 r/w 5(l)(m)(n) of POCSO Act.
The petitioner is sentenced to undergo RI for 10 years and to
pay a fine of Rs.25,000/- u/s 376 (2)(f) of IPC, in default of
payment of fine, the accused is directed to undergo RI for two
more years. The petitioner is further sentenced to undergo RI
for 10 years and to pay a fine of Rs.25,000/-, in default of
payment of fine, petitioner is further directed to undergo RI for
two more years u/s 376(2)(i) of IPC. The petitioner is also
sentenced to undergo RI for 10 years and to pay a fine of
Crl.M.A.No.1/2021
in Crl.A.No.244/2021
Rs.25,000/-, in default of payment of fine, the petitioner is
directed to undergo RI for two more years under Section
376(2)(n) of IPC.
2. The learned Public Prosecutor filed objection to this
application. Memo along with the report of the
Superintendent, Central Prison and Correctional Home,
Thiruvananthapuram, and a medical report issued by the
Medical Officer attached to the Central Prison also produced.
The learned Public Prosecutor also drew my attention to the
report of the Police Inspector, Kurathikadu Police Station,
wherein the Inspector has stated that the 2nd accused and the
victim were living together and the petitioner is the step
father of the victim and if he is released on bail there is every
possibility of him going to the 2nd accused where the victim is
residing.
3. The main contention of the learned counsel for the
petitioner/accused is that petitioner had been under
confinement for the last more than five years. The learned
counsel for the petitioner undertook that the petitioner will
not enter into Kollam District.
Crl.M.A.No.1/2021
in Crl.A.No.244/2021
4. It is stated in the medical report that the petitioner
is suffering from Seizure disorder, type 2 diabetic mellitus and
also had history of renal calculi and he came to prison clinic
for multiple minor complaints and treated accordingly. He is
under regular follow up from Medical Neurology and Urology
departments at Govt. Medical College Hospital,
Thiruvananthapuram. He was evaluated with E.E.G and CT
head by medical Neurology and treated with multiple
Antiepileptic drugs. He is on regular insulin for better
Gycermic control. His last follow up at Medical Neurology and
Urology was on 12.08.2021. As per clinical examination done
on 17.08.2021, he is clinically stable and continuing regular
medication. So the report of the Medical Officer shows that
the petitioner is medically managed by team of Doctors in
Trivandrum Medical College. However, the report will also
show that he is suffering from Seizure disorder, type 2
diabetic mellitus and also has renal issues.
Taking into the peculiar circumstances of the illness of
the petitioner, I am of the view that a short term suspension
of sentence can be granted to the petitioner for a period of 20
days on the following conditions:-
Crl.M.A.No.1/2021
in Crl.A.No.244/2021
i) The petitioner shall be released, on his
executing bond for a sum of Rs.75,000/-
(Rupees Seventy Five Thousand only) with
two solvent sureties each for the like sum
to the satisfaction of the court having
jurisdiction.
ii) He shall report before the SHO
concerned on alternate days.
iii) The petitioner shall not influence or
intimidate the victim and shall not enter
into the jurisdictional limits of the police
station where the victim resides.
iv) The petitioner shall not commit any
offence while on bail.
v) He shall report before the
Superintendent, Central Prison &
Correctional Home, Thiruvananthapuram,
on expiry of 20 days from the date of
release.
Crl.M.A.No.1/2021
in Crl.A.No.244/2021
vi) If any of the above conditions are
violated by the petitioner, the jurisdictional
court will be at liberty to cancel the bail in
accordance with law.
Sd/-
M.R.ANITHA
JUDGE
VPK
13-09-2021 /True Copy/ Assistant Registrar
