Kerala High Court
Xxxxxx vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
Tuesday, the 27th day of June 2023 / 6th Ashadha, 1945
CRL.M.APPL.NO.1/2023 IN CRL.A NO.7 OF 2023
SC 80/2018 OF SPECIAL COURT (ADDITIONAL SESSIONS COURT - I), KALPETTA, WAYANAD
PETITIONER/APPELLANT:
XXX
RESPONDENT/RESPONDENT:
STATE OF KERALA
(CRIME NO.61/2018 OF VYTHIRI POLICE STATION),
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the conviction and sentence passed
against the appellant vide Judgment dated 30.12.2022 in Sessions Case
No.80/2018 on the files of the Special Court (Additional Sessions Court -
I), Kalpetta, Wayanad and enlarge the petitioner on bail, until the
disposal of the above Appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI MATHEW KURIAKOSE, K.R.ARUN,
T.G.SUNIL (PERUMBAVOOR), J.KRISHNAKUMAR (ADOOR), C.N.PRAKASH, MONI GEORGE,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:
P.T.O.
K. BABU, J.
----------------------
Crl.M.Application No.1 of 2023
in
Crl.Appeal 7 of 2023
-----------------------
Dated : 27th June, 2023
ORDER
Heard both sides.
2. The petitioner has been convicted under Sections 9(I) and
9(m) read with Section 10 of the Protection of Children from Sexual
Offences Act and Section 354 of the Indian Penal Code. 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.
4. 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 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.
Crl.M.Application No.1 of 2023
in
Crl.Appeal 7 of 2023
(ii) The petitioner shall deposit Rs.50,000/- being
the fine amount in the Court below within a
period of two months from today.
(iii) The petitioner shall appear before the District
Probation Officer, Kalpetta on the first
Wednesday of every month between 10 A.M.
and 11 A.M
(iv) The petitioner shall appear before the
Investigating Officer on the last Wednesday of
every month between 10 A.M. and 11 A.M.
(v) The petitioner shall not maintain any contact
with the victim and other members of his
family.
Sd/-
K. BABU, Judge
Mrcs
27-06-2023 /True Copy/ Assistant Registrar
