Vijayan vs State Of Kerala, Rep. By Public ...
2023 Latest Caselaw 5636 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.704 OF 2023
             SC 650/2021 OF FAST TRACK SPECIAL COURT, KOTTAYAM
NAME AND ADDRESS OF THE PETITIONER/APPELLANT/ACCUSED:

     VIJAYAN, AGED 78 YEARS,S/O. NEELAKUDI, THOTTUPURATHU HOUSE,
     VAZHEKKADU BHAGOM, KULASEKHARAMANGALAM VILLAGE, KOTTAYAM- 686 608.

RESPONDENT/RESPONDENT/COMPLAINANT AND STATE:

  1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
     ERNAKULAM- 682 031.
  2. THE SUB INSPECTOR OF POLICE, VAIKOM POLICE STATION, KOTTAYAM
     DISTRICT- 686141.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioner as
per the Judgment dated 13.04.2023 in S.C.No.650/2021 of the Hon'ble Fast
Track Special Judge, Kottayam and to release him on bail, pending disposal
of the above Crl.Appeal.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. STIYA SIVAN, P.U.VINOD KUMAR,
K.R.RENJU, KARTHIKA M.R., ASITHA M.M., ANILA ANTONY, ANJITHA APREM,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondents, the court passed the following:




                                                                    P.T.O.
                     A.BADHARUDEEN, J.
      -----------------------------------
     Crl.M.A.No.1/2023 in Crl.A.No.704/2023
      -----------------------------------
      Dated, this the 12th day of May, 2023


                           O R D E R

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 451, 354A(1)(i), 354A(i)(ii) of IPC and

Section 8 r/w 7 of Protection of Children from Sexual

Offences Act, 2012 (POCSO Act) and sentenced the

appellant to undergo simple imprisonment for a period

of three months and to pay a fine of Rs.25,000/-, by

the Fast Track Special Judge, Kottayam.

2. Heard the learned counsel for the

petitioner/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.704/2023

i) Appellant/accused shall deposit 50% of fine amount imposed by the Sessions 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 Sessions 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 ats

12-05-2023 /True Copy/ Assistant Registrar