Citation : 2022 Latest Caselaw 4977 Ker
Judgement Date : 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
Wednesday, the 4th day of May 2022 / 14th Vaisakha, 1944
CRL.M.APPL.NO.1/2022 IN CRL.A NO. 448 OF 2022
SC 121/2020 OF THE SPECIAL COURT FOR THE TRIAL OF OFFENCES UNDER THE PROTECTION
OF CHILDREN FROM SEXUAL OFFENCES ACT,2012,KATTAPPANA
PETITIONER/APPELLANT/ACCUSED:
NAGARAJAN, AGED 55 YEARS, S/O.SUBBAYYA,OTTAMCHADRAM KARA, ATHIKOMBE
VILLAGE, DINDIGUL TALUK, DINDIGUL DISTRICT,TAMIL NADU STATE, NOW
RESIDING AT RENTED HOUSE OF ASHOKAN, VATTUKALAM HOUSE, KOZHIMALA
KALUNGU BHAGAM, ANAKKARA KARA, ANAKKARA VILLAGE, PIN - 685 512.
RESPONDENTS/RESPONDENTS/STATE AND COMPLAINANT:
1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682 031, PIN - 682031
2. INSPECTOR OF POLICE, VANDANMEDU POLICE STATION, PIN - 685 551
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of the sentence passed by
the Hon'ble Special Court for the trial of offences under the Protection
of Children from Sexual Offences Act,2012 , Kattappana vide judgment dated
04.04.2022 in S.C.No.121 of 2020 till the disposal of the appeal and
enlarge the petitioner on bail.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. JAISON JOSEPH, M.N.SANJITH,
A.P.SATHIAN, Advocates for the petitioner , and of the PUBLIC PROSECUTOR
for the respondents, the court passed the following:
p.t.o
SOPHY THOMAS, J.
===========================
Crl.Appeal No.448/2022
============================
Dated this the 4th day of May, 2022
ORDER
Heard. Admit.
Learned Public Prosecutor takes notice for the respondents.
Crl.Misc.Application No.1/2022
1. Sentence is suspended on the accused, depositing a fine
amount of Rs.35,000/- (Rupees thirty five thousand only) and on
executing bond for Rs.1,00,000/- (Rupees one lakh only), with two
solvent sureties, each for the like sum, to the satisfaction of the
trial Court, within a period of two months from today.
2. He shall report before the SHO, Vandanmedu Police
Station, on every Tuesday, between 10:00 a.m. - 11:00 a.m.
3. Petitioner shall not enter the residential house and
property of the victim.
4. The petitioner shall not try to influence or intimidate
the victim or the family members.
Crl.Misc.Application No.1/2022 in Crl.Appeal No.448/2022
Violation of any of these conditions will entail in
cancellation of the suspension order.
Sd/-
SOPHY THOMAS JUDGE ssa/
04-05-2022 /True Copy/ Assistant Registrar
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