Rasheed vs State Of Kerala
2023 Latest Caselaw 12536 Ker

Kerala High Court

Rasheed vs State Of Kerala on 22 November, 2023

Author: P Gopinath

Bench: P Gopinath

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE GOPINATH P.
       Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
                CRL.M.APPL.NO.2/2023 IN CRL.A NO.421 OF 2023
            SC 262/2021 OF FAST TRACK SPECIAL COURT, KUNNAMKULAM
APPLICANT/APPELLANT:

     RASHEED, AGED 48 YEARS,
     SON OF UNNENKUTTY, CHANDAMKUZHI HOUSE,
     ELIYAPETTA DESOM, CHERPULLASSERY,
     PALAKKAD DISTRICT, PIN - 679503.

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 pass an order, suspending the execution of the
sentence imposed on the petitioner by the court of the Special Judge, Fast
Track Special Court, Kunnamkulam as per judgment dated 28.02.2023 in
Sessions Case No.262/2021 and releasing the petitioner on bail, for a
period of two months on whatever conditions deems fit in the interest of
justice.


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




                                                                     P.T.O.
                              GOPINATH P., J.
                -------------------------------------------------
                          Crl. M.A. No. 2 OF 2023
                                       in
                       Crl. Appeal No. 421 OF 2023
                -------------------------------------------------
             DATED THIS THE 22nd DAY OF NOVEMBER, 2023

                                   ORDER

Having heard the learned counsel for the applicant / appellant and the

learned Public Prosecutor, I am inclined to grant interim suspension of

sentence for a period of two months on account of the medical condition of

the appellant's mother. This will be on condition that no further extension of

interim suspension of sentence will be considered and the appellant

surrenders before the Superintendent, Central Prison concerned on expiry of

the period for which interim suspension of sentence is granted. The interim

suspension of sentence shall be subject to the following conditions;

(i) The appellant / accused in S.C No.262/2021 on the file of the

court of the Special Judge, Fast Track Special Court, Kunnamkulam 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;

(ii) The appellant shall report before the Station House officer on

every Tuesday and Saturday at 11 a.m during the period for which interim

suspension of sentence is granted;

(iii) 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;

(iv) The appellant shall not commit any offence while on interim

suspension period;

(v) The appellant shall report back before the Superintendent,

Central Prison concerned on expiry of interim suspension of sentence.

Post on 23-01-2024.

Sd/-

GOPINATH P. JUDGE AMG

22-11-2023 /True Copy/ Assistant Registrar