Xxxxxx vs State Of Kerala
2023 Latest Caselaw 10766 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         Thursday, the 19th day of October 2023 / 27th Aswina, 1945
               CRL.M.APPL.NO.1/2023 IN CRL.A NO.1179 OF 2023
    SC 558/2022 OF FAST TRACK SPECIAL COURT (POCSO), THIRUVANANTHAPURAM
PETITIONER/APPELLANT:

     XXX
     (relative of victim)

RESPONDENT/RESPONDENT:

     STATE OF KERALA
     REPRESENTED BY PUBLIC PROSECUTOR,
     HIGH COURT OF KERALA,
     ERNAKULAM, PIN - 682031.


     Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence of the petitioner/appellant
in the judgment of the Fast Track Special Court (POCSO),
Thiruvananthapuram dated 15.07.2023 in S.C.No.558/2022, 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 SHRI LATHEESH SEBASTIAN, Advocates 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. 1 OF 2023
                                          in
                          Crl. Appeal No. 1179 OF 2023
                   -------------------------------------------------
                 DATED THIS THE 19th DAY OF OCTOBER, 2023

                                      ORDER

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

No. 558/2022 on the file of the Fast Track Special Court (POCSO),

Thiruvananthapuram 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




19-10-2023                     /True Copy/                              Assistant Registrar