Abdul Khader vs The State Of Kerala
2023 Latest Caselaw 2793 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
         Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
               CRL.M.APPL.NO.1/2022 IN CRL.A NO.1220 OF 2022
             SC 184/2022 OF FAST TRACK SPECIAL COURT, PATTAMBI

PETITIONER/APPELLANT:


     ABDUL KHADER, AGED 51 YEARS, S/O.AALI, NELLAROAD VEED, VALIKKODE,
     KALLADIKKODE, PALAKKAD DISTRICT, PIN - 678596.

RESPONDENTS/RESPONDENT:

  1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, ERNAKULAM - 682031.
  2. THE SUB INSPECTOR OF POLICE, KALLADIKKODE POLICE STATION, PALAKKAD
     DISTRICT, PIN - 678596


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed by the
judgment dated 18.11.2022 in S.C.No.184/22 on the file of the Fast Track
Special Court, Pattambi in Palakkad District and release the appellant on
bail, pending disposal of the Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.ABDUL JAWAD K., U.MUHAMMED MUSTHAFA,
A.GRANCY JOSE, Advocates for the petitioner and of the PUBLIC PROSECUTOR
for the respondents, the court passed the following:




                                                                      P.T.O.
                           K.BABU, J
         -------------------------------------------------
                   Crl.A No.1220 of 2022
                                &
                   Crl.M.A No.1 of 2022
         -------------------------------------------------
         Dated this the 1st day of March, 2023

                          ORDER

Admit.

2. The learned Public Prosecutor takes notice for

the respondents.

Crl.M.A No.1 of 2022

3. Heard both sides.

4. The petitioner/appellant is the accused in S.C.

No.184 of 2022 on the files of the Fast Track Special

Court, Pattambi. The petitioner was convicted under

Section 363 of IPC and Section 9(l), (m) and (n) r/w

Section 10 of the Protection of Children from Sexual

Offences Act, 2012. The petitioner was sentenced for

various terms of rigorous imprisonment ranging from

four months to five years. The petitioner was on bail

during the trial but did not misuse his liberty. The Crl. A. No. 1220 of 2022 & Crl.M.A. No.1/2022

--2--

disposal of the appeal is likely to take time. Having

regard to the fact that the maximum sentence imposed is

five years of imprisonment and the disposal of the appeal

is likely to take time, this Court feels that execution of the

sentence imposed against 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 his executing 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.

The petitioner/appellant shall also deposit a sum of

Rs.75,000/- (Rupees Seventy Five Thousand only) in the

Court below within a period of one month from today.

Sd/-

K.BABU JUDGE

kkj

01-03-2023 /True Copy/ Assistant Registrar