Subhash vs State Of Kerala
2023 Latest Caselaw 5647 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. 696 OF 2023
         SC 283/2020 OF FAST TRACK SPECIAL COURT, ALUVA, ERNAKULAM
PETITIONER/APPELLANT/ACCUSED:

     SUBHASH, AGED 35 YEARS S/O KUNJAPPAN, KUNNUMPURAM HOUSE, NEAR
     THAIKKAVU, SREEBHOOTHAPURAM BHAGAM, SREEMOOLANAGARAM KARA, CHOWARA
     VILLAGE,ERNAKULAM DISTRICT, PIN-683571

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 upon the appellant
by judgement in S.C.No. 283/2020 of Fast Track Special Judge,Aluva in
Crime No.793/2019 of Varappuzha Police Station,dated 20.04.2023 and
release the appellant/accused on bail pending disposal of the above
criminal appeal,in the interest of justice.
     This Application coming on for orders upon perusing the application
and upon hearing the arguments of KRISHNADAS P. NAIR, K.L.SREEKALA,
HARIDAS P.NAIR, M.A.VINOD, K.G.MANOJ KUMAR, SHINTO THOMAS, PRASOON.K.P,
ANU PRABHAKAR, Advocates for the petitioner and PUBLIC PROSECUTOR for the
respondent, the court passed the following:
                       A.BADHARUDEEN, J.
                -----------------------------------
        Crl.M.A.No.1 of 2023 in Crl.A.No.696 of 2023
       ------------------------------------------------------
                Dated, this the 12th May, 2023


                              ORDER

Crl.A.No. 696 of 2023

Appeal Admitted. Heard the learned counsel for the

petitioner and the learned Public Prosecutor. Call for LCR and

Post for hearing.

Crl.M.A.No. 1 of 2023

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 354 of IPC, Section 8

r/w Section 7 and Section 12 r/w Section 11(i) of the POCSO

Act, and sentenced the appellant to undergo simple

imprisonment for a period of one year and to pay a fine of

Rs.10,000/- under Section 354 of IPC and to undergo simple

imprisonment for a period of three years and to pay a fine of

Rs.10,000/- under Section 8 r/w Section 7 of the POCSO

Act, by the Court of Fast Track Special Judge, Aluva.

2. Heard the learned counsel for the

petitioner/appellant/accused as well as the learned Public Crl.M.A.No.1/2023 in Crl.A.No.696/2023

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:

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

SK

12-05-2023 /True Copy/ Assistant Registrar