Sreedharan Pillai vs State Of Kerala
2023 Latest Caselaw 4527 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.1/2022 IN CRL.A NO. 441 OF 2022
       SC 181/2018 OF THE FAST TRACK SPECIAL COURT , KARUNAGAPPALLY
PETITIONER/APPELLANT:

     SREEDHARAN PILLAI, AGED 75 YEARS,S/O.GOPALA PILLAI, VATTAVILAYIL
     VEEDU, KADAPPAMURI, MYNAGAPPALLY, KOLLAM DISTRICT, PIN - 690519

RESPONDENT/RESPONDENT:

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


     Application praying that in the circumstances stated therein the

High Court be pleased to suspend the sentence imposed on the appellant as

per the judgment dated 21.03.2022 in Sessions Case No.181 of 2018 of the

Fast Track Special Judge , Karunagapally pending disposal of the above

Criminal Appeal.



     This Application coming on for orders upon perusing the application

and upon hearing the arguments of SRI.ARUN MATHEW VADAKKAN, Advocate 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.1 of 2022
                            in
                   Crl.A.No.441 of 2022
                ----------------------------------------
              Dated this the 12th day of Apil, 2023

                           ORDER

This is an application filed to suspend the execution of

the sentence imposed on the petitioner and grant him

interim bail for the purpose of his treatment.

2. The petitioner has been convicted under Section

376 of IPC and Sec.5 r/w Sec 6 of POCSO Act. He has been

sentenced to undergo rigorous imprisonment for a period of

10 years. It is submitted that the petitioner, who is 76 years

old and suffering from old age ailments, requires treatment

with the assistance of the members of his family.

3. Having regard to the entire circumstances, this

Court feels that the petitioner be granted interim bail for a

period of 2 months from this date on the following

conditions:

Crl.M.A.No.1 of 2022 in Crl.A.No.441 of 2022

(i) The petitioner shall execute bond for

Rs.1,00,000/- (Rupees One Lakh only) with two

solvent sureties each for the like sum to the

satisfaction of the Jurisdictional Court.

(ii) The petitioner shall appear before the

Investigating Officer on all Mondays between 10

A.M. and 12 noon.

(ii) The petitioner shall not contact or threaten

the victim.

(iii) The petitioner shall report to the

Superintendent, Central Prison concerned on

expiry of the period of interim bail granted.

Sd/-

K.BABU JUDGE

SM

12-04-2023 /True Copy/ Assistant Registrar