Sagar C vs State Of Kerala
2023 Latest Caselaw 11470 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.1678 OF 2023
SC 146/2020 OF ADDITIONAL SESSIONS COURT - I/ SPECIAL COURT POCSO, KASARAGOD
 APPLICANT/APPELLANT:

      SAGAR C., AGED 34 YEARS,
      S/O.CHANDRAN M.K.,
      RESIDING AT SRI KANIPURESHWARA NILAYA,
      DEVI NAGAR, KOYIPADY VILLAGE,
      KASARAGOD DISTRICT, PIN - 671321.

RESPONDENTS/RESPONDENTS:

   1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
      KERALA, PIN - 682031.
   2. STATION HOUSE OFFICER, KUMBLA POLICE STATION,KASARAGOD DISTRICT, PIN
      - 671321.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence imposed against
the appellant as per the judgment dated 6.7.2023 in SC.No.146/2020 on the
files of the Learned Special Court for Atrocities against Women and
Children (Additional Sessions Court - I), Kasaragod and release the
applicant on bail pending disposal of the appeal, so as to secure the ends
of justice.


     This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S. T.MADHU, C.R.SARADAMANI,
C.R.SARADAMANI, RENJISH S. MENON, VRINDA T.S., AISWARYA JAYAPAL, Advocates
for the petitioner and of the PUBLIC PROSECUTOR for the respondents, the
court passed the following:




                                                                    P.T.O.
                                 GOPINATH P., J.
                   -------------------------------------------------
                             Crl. M.A. No. 1 OF 2023
                                          in
                          Crl. Appeal No. 1678 OF 2023
                   -------------------------------------------------
                DATED THIS THE 8th DAY OF NOVEMBER, 2023

                                      ORDER

Sentence of imprisonment imposed upon the applicant / appellant, in S.C.

No.146/2020 on the file of the Addl. District and Sessions Court-I, Kasaragod

shall remain suspended till disposal of the appeal, since consideration of the appeal

may take some time. This shall be on condition that the 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

he deposits the entire fine amount imposed, before that Court, within a period of

one month from today, if not already deposited. The appellant 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
  AMG




08-11-2023                     /True Copy/                              Assistant Registrar