Xxxxxx vs State Of Kerala
2023 Latest Caselaw 8638 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
         Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
               CRL.M.APPL.NO.1/2023 IN CRL.A NO.1225 OF 2023
             SC 713/2022 OF FAST TRACK SPECIAL COURT,DEVIKULAM
APPELLANT:

     XXX

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 of the petitioner/appellant
in the judgment of the Fast Track Special Court, Devikulam dated
26.07.2023 in S.C.No.713/2022, pending disposal of the above Criminal
Appeal, in the interest of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI LATHEESH SEBASTIAN, Advocates for
the petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:




                                                                      P.T.O.
                            K.BABU, J.
               -------------------------------------
                     Crl.A.No.1225 of 2023
           Crl.M.A.No.1/2023 in Crl.A.No.1225/2023
              ----------------------------------------
               Dated this the 9th day of August, 2023

                             ORDER

Admit. The learned Public Prosecutor takes notice for the

respondent.

Crl.M.A.No.1/2023

Heard both sides.

2. The petitioner has been convicted under Sections

354-A(2) of IPC and Section 8 r/w Section 7 of the POCSO Act. He

has been sentenced to undergo rigorous imprisonment for a period

of four 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 maximum sentence imposed is four

years of rigorous 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:-

Crl.M.A.No.1/2023 in Crl.A.No.1225/2023 and Crl.A.No.1225/2023

(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 satisfaction of the Trial Court.

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

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

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

Sd/-

K.BABU JUDGE VPK

09-08-2023 /True Copy/ Assistant Registrar