Santhi vs State Of Kerala
2023 Latest Caselaw 11275 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
            Friday, the 27th day of October 2023 / 5th Karthika, 1945
                  CRL.M.APPL.NO.1/2023 IN CRL.A NO.1437 OF 2023

 SC 902/2022 OF THE FAST TRACK SPECIAL COURT (POCSO CASES), WADAKKANCHERY

PETITIONER/APPELLANT/ACCUSED:

     XXXX

RESPONDENT/RESPONDENT/STATE:

     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 execution of sentence passed against
the petitioner/appellant by the Fast Track Special Court (POCSO cases),
Wadakkanchery, vide Judgment dated 26.08.2023 in S.C.No.902/2022, during
the pendency of the above 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.S.JIJI, C.A.JOJO and M.SIVADAS,
Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent, the court passed the following:




                                                                        P.T.O.
                                         GOPINATH P., J.
                              ========================
                                     Crl.A.No.1437 of 2023
                              ========================
                             Dated this the 27th day of October, 2023


                                               ORDER

Admit.

The learned Public Prosecutor takes notice for respondent.

Crl.M.A.No.1 of 2023

Appellant is the 2nd accused in S.C.No. 902 of 2022 on the

file of the Fast Track Special Court (POCSO Cases),

Wadakkanchery. She is the mother of the victim and has been

sentenced under Sections 75 and 77 of the Juvenile Justice (Care

and Protection of Children) Act. Therefore, the sentence imposed

upon the petitioner in S.C No.902 of 2022 dated 26.08.2023 on

the file of the Fast Track Special Court (POCSO Cases),

Wadakkanchery, shall remain suspended till disposal of the

appeal on condition that the petitioner 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.

Sd/-

GOPINATH P.

JUDGE DK

27-10-2023 /True Copy/ Assistant Registrar