Ravi vs State Of Kerala
2023 Latest Caselaw 4498 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
         Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945
                CRL.M.APPL.NO.2/2022 IN CRL.A NO.1336 OF 2022
            SC 216/2022 OF THE FAST TRACK SPECIAL COURT, HARIPAD
PETITIONER/APPELLANT:

     RAVI, AGED 64 YEARS, S/O THEVAN,
     THUNDIYOOZHATHIL KIZHAKETHIL VEEDU,
     ANGADCKAL MURI, CHENGANNUR VILLAGE,
     CHENGANNUR TALUK, ALAPPUZHA DISTRICT, PIN - 689122.

RESPONDENT/RESPONDENT:

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


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend execution of sentence as per the judgment
dated 14.10.2022 in SC 216 of 2022 on the files of the Fast Track Special
Judge Harippad (Sessions Division Alappuzha), pending disposal of the
above Criminal Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. C.S.MANU, DILU JOSEPH,
T.B.SIVAPRASAD, C.A.ANUPAMAN, C.Y.VIJAY KUMAR, MANJU E.R., ANANDHU
SATHEESH, ALINT JOSEPH, PAUL JOSE, Advocates for the petitioner and of the
PUBLIC PROSECUTOR for the respondent, the court passed the following:




                                                                       P.T.O.
                                   K.BABU, J.
                       -------------------------------------
           Crl.M.A.No.2/2022 in Crl.A.No. 1336 of 2022
                      ----------------------------------------
                   Dated this the 12th day of April, 2023

                                  ORDER

Crl.M.A.No. 2 of 2022

Heard both sides.

2. The petitioner has been convicted under Section

354-A(2) of IPC, Section 8 r/w Section 7, Section 10 r/w Sections

9(m), 9(n) & 9(p) of the POCSO Act. He has been sentenced to

undergo rigorous imprisonment for a period of five years. The

petitioner was on bail during the trial but did not misuse his

liberty.

3. The learned Public Prosecutor opposed the

application seeking suspension of sentence.

4. The disposal of the appeal is likely to take time.

Having regard to the fact that the sentence imposed is five

years of imprisonment and the disposal of the appeal is likely to

take time, this Court feels that execution of the sentence

imposed on the petitioner is liable to be suspended.

5. Therefore, the execution of the sentence imposed

on the petitioner/appellant shall stand suspended and bail

granted to him on the following conditions:-

(i) The petitioner shall execute a bond for Crl.A.No.1336 of 2022 & Crl.M.A.No. 2 of 2023 in Crl.A.No.1336/2022

Rs.1,00,000/- (Rupees One Lakh Only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

(ii) The petitioner shall not enter Thamarakulam Village in Alapuzha District, where the victim is residing.

(iii) The petitioner shall not maintain any contact with the victim and her family in any manner.

(iv) The petitioner shall appear before the SHO, Chenganur on every Wednesdays between 10 am and 12 noon. He shall appear before the District Probation Officer, Pathanamthitta on the 1st Friday of every month.

(v) The petitioner/appellant shall also deposit the entire fine amount in the Court below within a period of one month from today.

Sd/-

K.BABU JUDGE SM

12-04-2023 /True Copy/ Assistant Registrar