Kerala High Court
Muhammed Habeeb Salim vs The State Of Kerala on 13 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Thursday, the 13th day of January 2022 / 23rd Pousha, 1943
CRL.M.APPL.NO.1/2021 IN CRL.A NO. 838 OF 2021
SESSIONS CASE NO.52/2017 OF THE ADDL.SESSIONS COURT-1, KOTTAYAM.
PETITIONER/APPELLANT:
MUHAMMED HABEEB SALIM, AGED 39 YEARS, S/O SALIM, KIZHAKKE
ANDIYAZHIKAM HOUSE, NEAR GOVERNMENT HIGHER SECONDARY SCHOOL,
PARAVOOR THEKKUM BHAGOM KARA, PARAVOOR THEKKUM BHAGOM P.O.,
KOTTAPPURAM VILLAGE, KOLLAM DISTRICT - 691 301.
RESPONDENT/RESPONDENT
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031.
Application praying that in the circumstances stated therein High
Court may be pleased to suspend the sentence imposed by the judgment dated
08/11/2021 in SC No. 52/2017 of the Additional Sessions Judge I, Kottayam
in the interest of justice.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S MANU RAMACHANDRAN, M.KIRANLAL,
R.RAJESH (VARKALA), T.S.SARATH, SAMEER M NAIR, GEETHU KRISHNAN, HARSHA
SUSAN SAM, Advocates for the petitioner and PUBLIC PROSECUTOR for the
respondent, the court passed the following:
p.t.o
Dr. Kauser Edappagath, J
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Crl.A.No.838/2021
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Dated this the 13th day of January, 2022
--------------------------------
ORDER
Admit. The prosecutor takes notice for the respondent.
Crl.M.A.No.1/2021
This application is filed to suspend the execution of
sentence.
2. The petitioner/appellant stands convicted for the
offence punishable under Section 376(1) of IPC. He is sentenced
to undergo rigorous imprisonment for a period of 7 years and to
pay a fine of Rs.50,000/-, in default to suffer simple imprisonment
for a period of three months.
3. The petitioner/appellant was on bail during court trial.
In fact he was granted anticipatory bail. Now, he is in custody
since 8.11.2021. There is no case that he has violated any bail
condition while on bail or that he is involved in any other offence.
4. I have heard Sri. Manu Ramachandran, the learned
counsel for the petitioner and the learned Public Prosecutor.
5. The learned counsel for the petitioner/appellant
Crl.A.No.838/2021 &
Crl.M.A.No.1/2021
supplied to me a copy of the medical examination report of the
victim in which, in the history column it is stated that the victim
has consensual sex with the petitioner.
6. Considering all these facts and circumstances, and
also considering the fact that there is no likelihood of the case
being taken up for disposal in the near future, I am of the view
that the execution of sentence can be suspended.
In the result, the execution of sentence shall stand
suspended and he shall be released on bail on condition that the
petitioner shall execute a bond for Rs.1,00,000/-(Rupees one
lakh) with two solvent sureties for the like sum each to the
satisfaction of the court below and on further condition that the
petitioner/appellant deposits half of fine amount within one
month from the date of his release. The petitioner shall also not
directly or indirectly contact the victim.
Sd/-
DR. KAUSER EDAPPAGATH,
JUDGE
kp
13-01-2022 /True Copy/ Assistant Registrar
