Aneesh vs State Of Kerala
2022 Latest Caselaw 4189 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                  THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
            Thursday, the 7th day of April 2022 / 17th Chaithra, 1944
                  CRL.M.APPL.NO.2/2020 IN CRL.A NO. 736 OF 2020

SESSIONS CASE NO.1122/2016 OF THE 1ST ADDITIONAL SESSIONS COURT, THRISSUR.

PETITIONER/APPELLANT:

     ANEESH, S/O. MAJEED, MALIYEKKAL VEEDU, VATHURUTHI DESOM, PALLURUTHY
     VILLAGE, ERNAKULAM DISTRICT,(ANEESH, S/O. ASMA, KOYAYPPANATTU VEEDU,
     ELOOR DEPOT DESOM, ELOOR VILLAGE, ERNAKULAM DISTRICT).

RESPONDENT/RESPONDENT

     STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
     KERALA, ERNAKULAM, KOCHI- 682 031


     Application praying that in the circumstances stated therein
the High Court be pleased to pass an order suspending the execution of the
sentence imposed on the petitioner by Judgment of conviction and sentence
dated 17-10-2018 in Sessions Case No.1122/2016 on the file of the 1st
Additional Sessions Judge, Thrissur and to release the petitioner on bail,
pending final disposal of the above Criminal Appeal.




     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S P.MOHAMED SABAH, SAIPOOJA, Advocates
for the petitioners and of PUBLIC PROSECUTOR for the respondent, the court
passed the following:




    P.T.O
                         DR.KAUSER EDAPPAGATH, J
                   ----------------------------------------------
                             Crl.M.A. No.2 of 2020
                                        in
                             Crl.A No.736 of 2020
                   ----------------------------------------------
                    Dated this the 7 th day of April, 2022

                                   O R D E R

This is an application to suspend the execution of sentence. The

petitioner stands convicted and sentenced to undergo rigorous

imprisonment for 10 years and to pay a fine of Rs.1,00,000/- (Rupees One

lakh only) for the offences punishable u/ss. 363, 376 of the IPC S.3(a) r/w 4

and Section 5(1) r/w. S.6 of Protection of Children from Sexual Offences

Act, 2012.

2. I have heard Smt. Saipooja, the learned counsel for the

petitioner and Smt.Bindu O.V, the learned Public Prosecutor.

3. The learned Public Prosecutor strongly opposed the

application. She has also filed a detailed objection statement.

4. It is true that a 16 year old girl was raped repeatedly by the

petitioner. However, the fact remains that the petitioner is in custody since

2016. Thus, more than half of the sentence awarded had already been

undergone by the petitioner. Considering the pendency in this court, there

is no likelihood of taking up the appeal in the near future. Considering all Crl.M.A. No.2 of 2020 in

these aspects, I am of the view that the execution of the sentence of the

petitioner can be suspended on the following conditions.

i) The 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) The petitioner shall deposit the entire fine

amount of Rs.1,00,000/- (Rupees One Lakh Only)

within a period of two months from today.

iii) The petitioner shall not enter into the

jurisdiction of the Police Station where the victim

resides.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE ded/07.04.2022

07-04-2022 /True Copy/ Assistant Registrar