Kerala High Court
Rajeev Kumar vs State Of Kerala on 23 August, 2023
CRL.A No.1188/2023 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.1188 OF 2023
SC 533/2019 OF THE (FAST TRACK) SPECIAL COURT, THRISSUR
PETITIONER/APPELLANT:
RAJEEV KUMAR, AGED 57 YEARS,
S/O KUMAR, PANAPPARAMBIL VEEDU, CHIYYARAM P.O., THRISSUR
DISTRICT,PIN - 680026.
RESPONDENT/RESPONDENT/STATE:
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 as per Judgment
dated 26.07.2023 in S.C. 533/2019 on the files of Court of ( Fast Track )
Specila Judge, Thrissur arising from Crime No. 13/2019 of Cheruthuruthy
police Station , until the disposal of the Criminal Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ABRAHAM MATHAN, P.P.HARRIS,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.T.O.
CRL.A No.1188/2023 2/4
K.BABU, J.
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Crl.A.No.1188 of 2023 and
Crl.M.A.No.1/2023 in Crl.A.No.1188/2023
----------------------------------------
Dated this the 23rd day of August, 2023
ORDER
Admit. The learned Public Prosecutor takes notice for the
respondent.
Crl.M.A.No.1 of 2023
Heard both sides.
2. The petitioner has been convicted under Section 10 r/w
Section 9(f) 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 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:-
(i) The petitioner shall execute a bond for
CRL.A No.1188/2023 3/4
Crl.A.No.1188 of 2023 and
Crl.M.A.No.1 of 2023 in Crl.A.No.1188 of 2023
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 appear before the
Investigating Officer on all Mondays between
10.00 a.m. and 11.00 a.m.
(iii) The petitioner shall appear before the
District Probation Officer, Thirssur on the last
Wednesday of every month.
(iv) The petitioner shall not contact or threaten
the victim.
(v) The petitioner shall also deposit half of the
fine amount in the Court below within a period of
two months from today.
Sd/-
K.BABU
JUDGE
VPK
23-08-2023 /True Copy/ Assistant Registrar
CRL.A No.1188/2023 4/4
23-08-2023 /True Copy/ Assistant Registrar
