Aneesha vs State Of Kerala
2022 Latest Caselaw 5463 Ker

Citation : 2022 Latest Caselaw 5463 Ker
Judgement Date : 20 May, 2022

Kerala High Court

Aneesha vs State Of Kerala on 20 May, 2022

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
           Friday, the 20th day of May 2022 / 30th Vaisakha, 1944
                CRL.M.APPL.NO.1/2022 IN CRL.A NO. 50 OF 2022
SC 599/2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT ( FOR THE TRIAL OF
 CASES RELATING TO ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),
                                  ERNAKULAM
PETITIONER/PETITIONER:

     ANEESHA, AGED 29 YEARS, DAUGHTER OF LATE MR.DEVASSY, RESIDING AT
     ARAKKAL HOUSE, KIZHAKAMBALAM (PO), ERNAKULAM DISTRICT, PIN-683 562.

RESPONDENTS/COMPLAINANT:

     STATE OF KERALA, REPRESENTED BY INSPECTOR OF POLICE, KUTNNATHUNAD
     POLICE STATION, REPRESENTED BY ITS THE PUBLIC PROSECUTOR, HIGH COURT
     OF KERALA, ERNAKULAM, PIN-682 031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed in
judgment and conviction in Judgment dated 10th January 2022 in sessions
Case No.599 of 2017 on the files of the Special Court for the Trial
relating to Offences Sexual Violence , Ernakulam , till the disposal of
the Criminal appeal and release the Petitioner/Appellant on bail in the
interest of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.SHAJI CHIRAYATH, JIJI M. VARKEY,
M.M.SHAJAHAN,BHOOMIKA SAJAN,G.SAVITHA Advocates for the petitioner and of
PUBLIC PROSECUTOR for the respondent, the court passed the following:

                                                                 P.T.O
                    DR.KAUSER EDAPPAGATH, J.
             -------------------------------------------
                    Crl.M.Appln.No.1 of 2022
                                 in
                    Crl.Appeal No.50 of 2022
            -----------------------------------------------
            Dated this the 20th day of May, 2022

                              ORDER

This is an application to suspend the execution of

sentence.

2. The petitioner is the 1st accused. She stands

convicted and sentenced to undergo rigorous imprisonment

for a period of 5 years and to pay a fine of Rs.10,000/- for the

offence under Section 363 r/w 34 of the IPC, to undergo

rigorous imprisonment for a period of 7 years and to pay a

fine of Rs.10,000/- for the offence under Section 366A r/w 34

of the IPC and to undergo rigorous imprisonment for a period

of 20 years and to pay a fine of Rs.25,000/- for the offence

under Section 109 r/w 376D of the IPC.

3. I have heard Sri.Shaji Chirayath, the learned

counsel for the petitioner and Smt.Bindhu, the learned Public

Prosecutor for the respondent.

Crl.M.Appln.No.1 of 2022 in Crl.Appeal No.50 of 2022 ..2..

4. The learned Public Prosecutor strongly opposed the

application.

5. The petitioner is a lady. The prosecution does not

have a case that the petitioner has committed rape on the

victim. The role attributed to the petitioner is kidnapping the

victim from the school premises. However, in paragraph 47 of

the judgment the court below held that PW1 could not

establish that the petitioner kidnapped her. The petitioner is in

custody since January, 2022. She has no criminal

antecedents. Considering the pendency in this Court, there is

no likelihood of taking up the appeal for final hearing in the

near future. For all these reasons, I am of the view that

execution of the sentence as against the petitioner can be

suspended and she can be released on bail.

6. In the result, this petition is allowed. The execution

of the sentence against the petitioner is suspended and she is

released on bail on the following conditions:-

1. The petitioner shall execute a bond for

Rs.1,00,000/- (Rupees One lakh only) with Crl.M.Appln.No.1 of 2022 in Crl.Appeal No.50 of 2022 ..3..

two solvent sureties for the like sum each

to the satisfaction of the court below.

2. The petitioner shall deposit the entire fine

amount at the court below within one

month.

3. The petitioner shall surrender her passport

at the court below. If she does not have a

passport, she shall file an affidavit to that

effect at the court below.