Xxx vs State Of Kerala
2021 Latest Caselaw 19078 Ker

                    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.2/2021 IN CRL.A NO. 594 OF 2021
       SC 362/2017 OF I ADDITIONAL DISTRICT & SESSIONS COURT, KOLLAM
PETITIONER/APPELLANT:

     XXX

RESPONDENTS/RESPONDENTS:

     1.STATE OF KERALA ,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA,ERNAKULAM-682031
     2.THE SUB INSPECTOR OF POLICE,PATHANAPURAM POLICE STATION,KOLLAM
     DISTRICT-689695



         Petition praying that in the circumstances stated therein the High


Court be pleased to suspend the sentence in S.C.No.362/2017 of the Court


of the 1st Additional District and Sessions Judge , Kollam, pending


disposal of this Criminal Appeal.




     This petition coming on for orders upon perusing the petition       and


upon hearing the arguments of M/S. SUJITH KUMAR T.U, DINESH G WARRIER,

Advocates for the petitioner and PUBLIC PROSECUTOR for the respondents,


the court passed the following:




 P.T.O
                                      M.R.ANITHA, J.
                     ----------------------------------------------------
                                 Crl.A.No.594 of 2021
                                              &
                                 Crl.M.A.No.2 of 2021
                    -----------------------------------------------------
                   Dated this the 13th day of September, 2021
                                        ORDER

Crl.A.No.594/2021:

Admit.

Learned Public Prosecutor takes notice for the respondents. Crl.M.A.No.2 of 2021:

Heard both sides.

2. The petitioner/appellant has been under confinement from the date of judgment i.e., 19.02.2018 onwards.

3. It is submitted by the learned Public Prosecutor that the petitioner is the father of the victim girl.

4. However, taking into account the period of confinement undergone by him, there will be an order of suspending the sentence on condition of the petitioner executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the trial court and on deposit of the fine amount imposed by the trial court, within a period of one month starting from this day and also on a condition that the petitioner shall not enter into the village where the victim girl resides.

Sd/-

                                                         M.R.ANITHA

    Shg                                                     JUDGE




13-09-2021                     /True Copy/                             Assistant Registrar