Xxx vs State Of Kerala
2023 Latest Caselaw 6501 Ker

Citation : 2023 Latest Caselaw 6501 Ker
Judgement Date : 13 June, 2023

Kerala High Court

Xxx vs State Of Kerala on 13 June, 2023

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
          Tuesday, the 13th day of June 2023 / 23rd Jyaishta, 1945
               CRL.M.APPL.NO.1/2022 IN CRL.A NO. 780 OF 2022
    SC 543/2013 OF THE COURT OF THE (FAST TRACK) SPECIAL COURT, THRISSUR
APPLICANT/APPELLANT:

     XXX

RESPONDENT/COMPLAINANT:

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


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the applicant
/appellant by the judgment of guilty of conviction and sentence in
S.C.No.543 of 2013 pending on the files of the Court of the Fast Track
Special    Judge,Thrissur      dated   19-07-2022,and      release    the
applicant/appellant on bail pending disposal of the above criminal appeal
in the interests of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.P.VIJAYA BHANU (SR.) SRUTHY N. BHAT,
P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, RAHUL SUNIL, SRUTHY K.K, NIKITA
J. MENDEZ, Advocates for the petitioner and of 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.780 of 2022
             ------------------------------------
               Dated this the 13th day of June, 2023


                             ORDER

Heard both sides.

2. The petitioner has been convicted under Section 10 read

with Sections 9(l) and 9(m) of the Protection of Children from

Sexual Offences Act. He has been sentenced to undergo

rigorous imprisonment for a period of seven 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.

The disposal of the appeal is likely to take time. 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. Therefore, the Crl.M.A.No.1 of 2022 in Crl.A.No.780 of 2022

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.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 deposit the entire fine amount in the Court below within a period of two months from today.

(iii) The petitioner shall appear before the Investigating Officer, Mannuthy Police Station on the first Wednesday of every month between 10 A.M. and 11 A.M.

(iv) The petitioner shall appear before the District Probation Officer, Thrissur on the last Wednesday of every month between 10 A.M. and 11 A.M.

(v) The petitioner shall not enter the territorial limits of the Village where the victim resides except for the purpose of appearing before the Investigating Officer. Crl.M.A.No.1 of 2022 in Crl.A.No.780 of 2022