Vinayan vs State Of Kerala
2023 Latest Caselaw 2961 Ker

Citation : 2023 Latest Caselaw 2961 Ker
Judgement Date : 13 March, 2023

Kerala High Court

Vinayan vs State Of Kerala on 13 March, 2023

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                       THE HONOURABLE MR.JUSTICE K. BABU
          Monday, the 13th day of March 2023 / 22nd Phalguna, 1944
               CRL.M.APPL.NO.1/2023 IN CRL.A NO. 100 OF 2023
           SC 18/2020 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
APPLICANT/APPELLANT:

       VINAYAN, AGED 38 YEARS ,S/O VENU, PATTATHIL HOUSE, CHITTILAPPILY
       VILLAGE, THRISSUR, PIN - 680551

RESPONDENT/RESPONDENT:

       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 , conviction and sentence in

S.C.No.18/2020 on the files of the Court of the I additional Sessions

Judge ,Thrissur , dated 20-01-2023 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 P.VIJAYA BHANU (SR.),SRUTHY N. BHAT,

P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K.SASI, RAHUL SUNIL, 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.100 of 2023
                                  &
                     Crl.M.A No.1 of 2023
           -------------------------------------------------
          Dated this the 13th day of March, 2023

                            ORDER

Admit.

2. The learned Public Prosecutor takes notice for

the respondent.

Crl.M.A No.1 of 2023

3. Heard both sides.

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

No.18 of 2020 on the files of the Court of the I Additional

Session Judge (Special Court for Trial of PoCSO

offences), Thrissur. The petitioner was convicted under

Section 10 r/w Section 9(1) and Section 12 r/w Section

11(i) of the Protection of Children from Sexual Offences

Act, 2012. The petitioner was sentenced for rigorous

imprisonment for five years. The petitioner was on bail Crl.A No.100 of 2023 ..2..

during the trial but did not misuse his liberty. The

disposal of the appeal is likely to take time. Having

regard to the fact that the 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

and the petitioner be released on bail on the following

conditions:-

i. The petitioner/appellant 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/appellant shall also deposit a

sum of Rs.30,000/- (Rupees Thirty Thousand

only), being the fine amount, in the court

below within a period of one month from

today.