Xxxxxx vs State Of Kerala
2023 Latest Caselaw 8503 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
           Monday, the 7th day of August 2023 / 16th Sravana, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.469 OF 2023
        SC NO.1111/2021 OF THE FAST TRACK SPECIAL COURT, PERUMBAVOOR
APPLICANT/APPELLANT:

     XXX

RESPONDENT/RESPONDENT:

     STATE OF KERALA,
     REPRESENTED BY 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 applicant by
the judgment of guilty conviction and sentence in S.C.No.1111/2021 of the
Court of the Fast Track Special Court, Perumbavoor dated 22.02.2023 and
release the applicant on bail pending disposal of the above criminal
appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI AJEESH M. UMMER, 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 2023
                               in
                      Crl.A.No.469 of 2023
                  ----------------------------------------
               Dated this the 7th day of August, 2023

                             ORDER

Heard both sides.

2. The petitioner has been convicted under Sections

354-A(1)(i), 366 and 375(a) r/w Section 376(1) of IPC and Section

5(i) r/w Section 6 of the POCSO Act. He has been sentenced to

undergo rigorous imprisonment for a period of twenty 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 petitioner was 19 years old at the time of the

commission of the offence and the victim was also approaching the

age of majority at that time.

5. Having regard to the fact that 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.

6. 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 Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the Crl.M.A.No.1 of 2023 in Crl.A.No.469 of 2023

satisfaction of the Trial Court.

(ii) The petitioner shall appear before the District Probation Officer, Ernakulam on the last Wednesday of every month.

(iii) The petitioner shall not threaten the victim, relatives of the victim or any of the witnesses in the case.

(iv) The petitioner shall also deposit Rs.20,000/- (Rupees Twenty Thousand only) being the fine amount in the Court below within a period of two months from today.

Sd/-

K.BABU JUDGE VPK

07-08-2023 /True Copy/ Assistant Registrar