Rajesh vs State Of Kerala
2022 Latest Caselaw 2710 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
          Friday, the 11th day of March 2022 / 20th Phalguna, 1943
               CRL.M.APPL.NO.1/2021 IN CRL.A NO. 956 OF 2021
       SC 531/2016 OF ASSISTANT SESSIONS COURT, OTTAPPALAM, PALAKKAD
APPELLANT/ACCUSED:

     RAJESH, AGED 33 YEARS, S/O.KORAN, THEKKATHUPADI HOUSE, PERINGODE,
     PATTAMBI TALUK, PALAKKAD DISTRICT - 679 535.

RESPONDENT/COMPLAINANT& STATE:

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

     Application praying that in the circumstances stated therein the the
High Court be pleased to suspend the execution of the sentence including
recovery of the fine amount passed inthe judgment dated 13/12/2021 in S.C.
No. 531/2016, on the files of the Court of Asst. Sessions Judge,
Ottappalam, pending the appeal.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. P.JAYARAM, GIGI PAPPACHAN,
K.R.PAUL, Advocates for the petitioner and of PUBLIC PROSECUTOR for the
respondent, the court passed the following:
                     Dr. Kauser Edappagath, J
             -------------------------------
                         Crl.M.A.No.1/2021
                                 in
                         Crl.A.No.956/2021
              -------------------------------
               Dated this the 11th day of March, 2022
             --------------------------------

                                 ORDER

This is an application to suspend the execution of sentence.

2. The petitioner/appellant stands convicted for the offence

punishable under 376 of IPC. He is sentenced to undergo rigorous

imprisonment for a period of ten years and to pay a fine of

Rs.1,00,000/-.

3. The learned Public Prosecutor Smt. Bindu strongly opposed

the application. She has also filed a detailed objection.

4. The learned counsel for the petitioner submitted that the

conviction of the petitioner is based solely on the uncorroborated

testimony of the victim. The incident happened in an autorickshaw.

The allegation is of oral sex. The victim is aged 50 years. The

petitioner is in custody since 13.12.2021. The prosecution has no case

that he has any criminal antecedents. Considering the pendency of the

cases here, there is no likelihood of taking up the appeal for the final Crl.M.A.No.1/2021 in Crl.A.No.956/2021

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 petitioner/appellant 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.

ii) The petitioner shall deposit Rs.25,000/- towards fine amount

within a period of one month after the date of his release.

iii) The petitioner shall not influence or intimidate the victim.

iv) The petitioner shall not commit any offence while on bail.

v) 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/-

DR. KAUSER EDAPPAGATH, JUDGE

kp

11-03-2022 /True Copy/ Assistant Registrar