Sreejith.T.J vs State Of Kerala
2022 Latest Caselaw 6783 Ker

Citation : 2022 Latest Caselaw 6783 Ker
Judgement Date : 14 June, 2022

Kerala High Court

Sreejith.T.J vs State Of Kerala on 14 June, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 442 OF 2022
       SC 539/2017 OF SPECIAL COURT UNDER POCSO ACT, IDUKKI, PAINAVU
PETITIONER/APPELLANT:

     SREEJITH.T.J AGED 21 /16,S/O THAMBI, THEKKEDATH HOUSE, CHINNAR KARA,
     VATHUIKUDY VILLAGE., IDUKKI DISTRICTPIN - 685501

RESPONDENTS/RESPONDENTS/STATE & COMPLAINANT:

     STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,    HIGH COURT OF
     KERALA, ERNAKULAM. PIN - 682031

     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence imposed on
the petitioner/Appellant in the judgment dated 21.02.2022 of the Fast
Track Special Court,Idukki,Painavu in S.C.No.539 of 2017 , pending final
disposal of the above Criminal Appeal , in the interest of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of       Adv.BINU PAUL, Advocate for the
petitioner, and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:

                                 P.T.O
                      Dr. Kauser Edappagath, J
              -------------------------------
                          Crl.M.A.No.1/2022
                                  in
                          Crl.A.No.442/2022
               -------------------------------
                 Dated this the 14th day of June, 2022
              --------------------------------

                              ORDER

This is an application to suspend the execution of sentence

of the petitioner. The petitioner stands convicted and sentenced

to undergo rigorous imprisonment for a period of ten years and to

pay a fine of ₹25,000/- for the offence punishable under Sections

5(l) read with 6 of POCSO Act, rigorous imprisonment for a period

of three years and to pay a fine of ₹5,000/- for the offence

punishable under Section 363 of IPC and rigorous imprisonment

for a period of 5 years and to pay of fine of ₹5,000/- for the

offence punishable under Section 366 of IPC.

2. I have heard Sri. Binu Paul, the learned cousnel for the

petitioner/appellant and Smt. Sheeba Thomas, the learned Public

Prosecutor.

3. The learned Public Prosecutor strongly opposed the Crl.M.A.No.1/2022 in Crl.A.No.442/2022

application. She has also filed a detailed objection.

4. At the time of the incident, the petitioner/accused was

aged 21 years and the victim was aged 17 years. Admittedly,

they were in love. The records show that they went together in

so many lodges, stayed there and had sexual intercourse. The

petitioner has no criminal antecedents. The petitioner is in

custody for the last five months. Considering the pendency in

this Court, there is no likelihood of taking up the appeal for final

hearing in the near future. Hence, I am of the view that the

execution of sentence can be suspended and he shall be released on

bail on the following conditions:

i) The execution of sentence shall stand

suspended and bail is granted on condition that the

petitioner shall execute a bond for ₹1,00,000/-

(Rupees One lakh only) with two solvent sureties for

the like sum each to the satisfaction of the court below

and on further condition that the petitioner shall

deposit entire fine amount within one month from the Crl.M.A.No.1/2022 in Crl.A.No.442/2022

date of his release.

ii) The petitioner shall surrender his passport, if any,

at the court below within one month. If he does not

have a passport, he shall file an affidavit to that effect.