Kerala High Court
Siddiq @ Nizar vs State Of Kerala on 18 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
Friday, the 18th day of March 2022 / 27th Phalguna, 1943
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 170 OF 2022
SC 772/2010 OF FAST TRACK SPECIAL COURT, NEDUMANGAD,THIRUVANANTHAPURAM.
PETITIONER/APPELLANT
SIDDIQ @ NIZAR AGED 35 YEARS THADATHARIKATHU SUMMAYYA MANZIL,
MANALAYAM, THOTTUMUKKU, CHITTVEETTU MURI, THOLIKKODE
VILLAGETHIRUVANANTHAPURAM, PIN - 695541
RESPONDENT/RESPONDENT
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAMERNAKULAM, PIN - 682031
Application praying that in the circumstances stated therein
the High Court be pleased to suspend the execution of sentence passed vide
Judgment dated 28.01.2022 in SC No.772/2010 passed by the Fast Track
Special Court, Nedumangad and be further pleased to enlarge the petitioner
on bail, till the disposal of the Crl.Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S K.K.DHEERENDRAKRISHNAN, N.P.ASHA,
Advocates for the petitioner and 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.Appeal No. 170/2022
==================
Dated this, the 18th day of March, 2022
ORDER
This is an application to suspend the execution of sentence.
The petitioner stands convicted for the offences punishable under
Sections 366 and 376 of IPC. He is sentenced to undergo rigorous
imprisonment for four years and to pay a fine of `10,000/- for the
offence under Section 366 of IPC and rigorous imprisonment for 7
years and to pay a fine of `25,000/- for the offence u/s 376 of IPC.
2. I have heard Sri.K.K.Dheerendra Krishnan, the learned
counsel for the petitioner and Sri.Bindu O.V., the learned Public
Prosecutor.
3. The learned Public Prosecutor has strongly opposed the
application. A detailed objection statement has also been filed.
4. The victim was aged 16 years and the petitioner was
aged 22 years at the time of the incident. The case records would
show that they were in love. Even though the victim was below 18
years of age, the sexual act they had was consensual in nature.
They together eloped, went to Wayanad and stayed for three days in
Crl.M.A.No.1/2022
in
a hotel. A man missing complaint was filed by the father of the
victim and the crime was registered. The petitioner is in custody
since 28/1/2022. The petitioner has no criminal antecedents.
Considering the pendency in this court, there is no likelihood of
taking up the appeal in the near future. Considering all these
facts, I am of the view that the execution of sentence can be
suspended on 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 the entire
fine amount within one month from the 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.
iii) The petitioner shall not leave State of Kerala
without the permission of the trial Court.
Crl.M.A.No.1/2022
in
iv) The petitioner shall not enter into the jurisdiction
of the police station where the victim resides.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
Rp
//True copy//
PS to Judge
18-03-2022 /True Copy/ Assistant Registrar
