Ganeshan P.M vs State Of Kerala
2023 Latest Caselaw 11427 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
       Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
              CRL.M.APPL.NO.1/2023 IN CRL.A NO. 1235 OF 2023

SC 406/2020 OF SPECIAL COURT FOR THE TRIAL OF OFFENCES UNDER THE POCSO ACT,
                                  HOSDURG

PETITIONER/APPELLANT:

     GANESHAN P.M, AGED 52 YEARS, S/O. MANIACHARY, NAMBIYARADUKKAM,
     RAVANEESHAWARAM, CHITHARI VILLAGE, HOSDURG, RAVANESWARAM, KASARGODE
     DISTRICT, PIN - 671316

RESPONDENT/RESPONDENT:

     STATE OF KERALA, REP. BY STATION HOUSE OFFICER, HOSDURG POLICE
     STATION, KASARGODE DISTRICT-671531 THROUGH PUBLIC PROSECUTOR, HIGH
     COURT OF KERALA, ERNAKULAM, KOCHI - 682031


     Application praying that in the circumstances stated therein the
High Court be pleased to pass an order suspending the conviction and
sentence passed against appellant/petitioner herein as per judgment dated
31.10.2022 in S.C.No.406 of 2020 of the Special Court for the Trial of
offences under the Protection of Children From Sexual Offences Act, 2012,
Hosdurg under POCSO Act, arising from Crime No.151 of 2020 of Hosdurg
Police Station, Kasargode District, without insisting for deposit of fine
amount, 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 K.V.PAVITHRAN, JAYANANDAN MADAYI
PUTHIYAVEETTIL, JITHIN S SUNDARAN and ADARSH KURIAN, Advocates for the
petitioner and of PUBLIC PROSECUTOR for the respondent, the court passed
the following:




                                                                       P.T.O
                              GOPINATH P., J.
                      ========================

                          Crl.A.No.1235 of 2023
                  ========================
                Dated this the 08th day of November, 2023

                                      ORDER

Admit. Learned Public Prosecutor takes notice for the

respondent.

Crl.M.A. No.1 of 2023

Sentence of imprisonment imposed upon the appellant in S.C.

No.406/2020 on the file of the Special Court for the Trial of Offences

under the Protection of Children from Sexual Offences Act, 2012,

Hosdurg, Kasargod district shall remain suspended till disposal of the

appeal on condition that appellant executes a bond for a sum of

Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties

each for the like sum to the satisfaction of that court and on further

condition that the petitioner deposits the entire fine amount

imposed, before that Court, within a period of one month from today,

if not already deposited. The petitioner shall not in any manner

establish contact with the victim and shall not in any manner act in

prejudice to the interests of the victim or family members of the

victim. This is a condition upon which the sentence is suspended and

any violation of this condition will lead to cancellation of the order,

suspending the sentence.

Sd/-

GOPINATH P.

JUDGE ajt

08-11-2023 /True Copy/ Assistant Registrar