Anil Kumar vs The State Of Kerala Represented By ...
2023 Latest Caselaw 5628 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
           Friday, the 12th day of May 2023 / 22nd Vaisakha, 1945
                CRL.M.APPL.NO.1/2023 IN CRL.A NO.660 OF 2023
             SC 197/2021 OF FAST TRACK SPECIAL COURT, ATTINGAL
PETITIONER/APPELLANT:

     ANIL KUMAR, AGED 47 YEARS, S/O KRISHNAN NADAR,
     MADATHUVILAKOM VEEDU, NEAR NELLANADU JUNCTION,
     NELLANADU DESOM, PULLAMPARA VILLAGE, NEDUMANGADU TALUK,
     THIRUVANANTHAPURAM DISTRICT.

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY THE PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031


     Application praying that in the circumstances stated therein the
High Court be pleased to      suspend the judgment and sentence dated
03.04.2023 in SC No.197/2021 of the Court of the Fast Track Special Judge
(Pocso), Attingal and release the petitioner on bail.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of SHRI M.R.SASITH, Advocate for the
petitioner and of the PUBLIC PROSECUTOR for the respondent, the court
passed the following:




                                                                    P.T.O.
                      A.BADHARUDEEN, J.
                  -----------------------------------
                       Crl.M.A.No.1 of 2023
                                 in
                       Crl.A.No. 660 of 2023
                  -----------------------------------
             Dated, this the 12th day of May, 2023


                            ORDER

This is an application filed by the appellant/accused to

suspend sentence and to grant bail to the appellant/accused

where he was convicted under Section 12 r/w Section 11(1) of

POCSO Act and sentenced the appellant/accused to undergo

rigorous imprisonment for a period of four months and to pay a

fine of Rs.20,000/- (Rupees Twenty thousand only), by the Fast

Track Special Court, Attingal.

2. Heard the learned counsel for the appellant/accused

as well as the learned Public Prosecutor.

3. Going through the judgment, at par with the

arguments advanced, the appellant has an arguable case.

Therefore, there is no reason to disallow the application and,

therefore, the petition to suspend the sentence is allowed on

the following conditions:

Crl.M.A.No.1/2023 in Crl.A.No.660/2023

i) Appellant/accused shall deposit 50% of fine amount imposed by the Fast Track Special Court, within two weeks from today.

ii) The appellant/accused after deposit of the amount shall execute bail bond for a sum of Rs.60,000/- with two solvent sureties each to the satisfaction of the Fast Track Special Court, within a further period of one week.

iii) The appellant/accused shall not involve in any other crimes and any such involvement if reported or came to the knowledge of this Court, the same is a reason to cancel this order/suspending sentence and consequential cancellation of bail hereby granted.

Sd/-

A. BADHARUDEEN, JUDGE mtk

12-05-2023 /True Copy/ Assistant Registrar