Sachu Samson vs State Of Kerala
2023 Latest Caselaw 3718 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE K. BABU
         Wednesday, the 29th day of March 2023 / 8th Chaithra, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.224 OF 2023
  SC 1325/2016 OF THE FAST TRACK SPECIAL COURT(POCSO), THIRUVANANTHAPURAM

PETITIONER/APPELLANT/ACCUSED:


     SACHU SAMSON, AGED 36 YEARS, S/O. SAMSON, SHARON VILLA, NEAR
     AANATHALAVATTOM LPS, CHIRAYINKEEZHUM, SARKARA VILLAGE,
     CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN - 695304. (TRANSFORMED
     TRANSGENDER-SHFINA FEMALE)

RESPONDENT/RESPONDENT/STATE:

     STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM - 682031.
     (CRIME NO.1345/2016 OF THAMPANOOR POLICE STATION, THIRUVANANTHAPURAM
     DISTRICT)


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence passed vide
Judgment dated 06.02.2023 in SC No.1325/2016 passed by the Fast Track
Special Court (POCSO), Thiruvananthapuram, and be further pleased to
enlarge the petitioner on bail, till the disposal of the Crl.Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. K.K.DHEERENDRAKRISHNAN, N.P.ASHA,
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.A.No.1 of 2023
                                in
                      Crl.A.No.224 of 2023
             ------------------------------------
              Dated this the 29th day of March, 2023

                            ORDER

The petitioner has been convicted under Section 377 IPC

and Section 3(d) read with Section 4 of the POCSO Act and

sentenced to undergo rigorous imprisonment for a period of 7

years for the offence punishable under Section 377 IPC.

2. It is submitted that the petitioner being a transgender

has to undergo a surgery. Therefore, the petitioner is granted

interim bail for a period of two months from the date of his

release on the following conditions:

(i) The petitioner shall be released on bail on

his executing bond for Rs.50,000/- (Rupees

Fifty Thousand only) with two solvent

sureties each for the like sum to the

satisfaction of the jurisdictional Court. Crl.M.A.No.1 of 2023 in Crl.A.No.244 of 2023

(ii) The petitioner shall not maintain any

contact with the victim and other members

of her family.

(iii) The petitioner shall appear before the

Investigating Officer on every Friday

between 10 A.M. and 11 A.M.

(iv) The petitioner shall surrender before the

Superintendent of Central Prison

concerned on the expiry of the period of

interim bail granted.

Sd/-

K.BABU, JUDGE KAS

29-03-2023 /True Copy/ Assistant Registrar