Muraleekrishnan vs State Of Kerala
2023 Latest Caselaw 5564 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
           Tuesday, the 2nd day of May 2023 / 12th Vaisakha, 1945
               CRL.M.APPL.NO.1/2023 IN CRL.A NO. 655 OF 2023
             SC 505/2022 OF FAST TRACK SPECIAL COURT, PATTAMBI
APPELLANT/ACCUSED:

     MURALEEKRISHNAN ,AGED 31 YEARS, ANIYATH KIZHAKKE VEETTIL HOUSE,
     KEEZHUR POST, AMBALAPARA, THRIKKADEERI.,OTTAPALAM,PALAKKAD DISTRICT,
     PIN - 670703

RESPONDENT/COMPLAINANT:

     STATE OF KERALA ,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
     KERALA, ERNAKULAM,PIN - 682018


     Application praying that in the circumstances stated therein the

High Court be pleased to suspend the conviction and sentence passed

against the appellant/accused in S.C.No.505/2022, on the file of the

Hon'ble Court of the Fast Track Special Judge , Pattambi , dated

25-03-2023 , in the interest of justice.



     This Application coming on for orders upon perusing the application

and upon hearing the arguments of K.RAVI (PARIYARATH), Advocate for the

petitioner and of the PUBLIC PROSECUTOR for the respondent, the court

passed the following:




 p.t.o
                C. JAYACHANDRAN, J.
     ===========================
            Crl.M.A. No.1 of 2023 in
        Criminal Appeal No. 655 of 2023
     ===========================
      Dated this the 02nd day of May, 2023

                    ORDER

Heard the learned Counsel for the petitioner and

the learned Public Prosecutor.

2. Learned Counsel for the petitioner submitted

that, the petitioner stands convicted for offence under

Section 7, read with Section 8, of the Protection of

Children from Sexual Offences Act, 2012 and to

undergo rigorous imprisonment for a period of three

years along with fine of Rs.50,000/- (Rupees fifty

thousand only). It was pointed out that the impugned

judgment stands stayed by the court which passed the

judgment, for a period of thirty days.

In view of the fact that the punishment granted is

only upto three years and the Public Prosecutor being

heard, this Court is inclined to allow Crl.M.A. No.1 of

2023 and to suspend the order of sentence, subject to CRL.A.No. 655 of 2023

the condition that the petitioner deposits a sum of

Rs.20,000/- (Rupees twenty thousand only) before

the court below.

Sd/-

C. JAYACHANDRAN

JUDGE NB/2-5

02-05-2023 /True Copy/ Assistant Registrar