Kerala High Court
Xxxxxx vs State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Friday, the 5th day of April 2024 / 16th Chaithra, 1946
CRL.M.APPL.NO.3/2022 IN CRL.A NO. 500 OF 2022
SC 721/2017 OF FAST TRACK SPECIAL COURT, NEDUMANGAD
PETITIONER/APPELLANT:
XXXX
RESPONDENT/RESPONDENT:
STATE OF KERALA , REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682031
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the execution of sentence in
S.C.No.721/2017 on the file of Fast Track Special Court , Nedumangad dated
26.3.2022 , pending final disposal of the above Criminal Appeal.
This Application coming on for orders upon perusing the application
and this court's order dated 12.08.2022 in Crl.M.A.No.1/2022 and upon
hearing the arguments of SRI.A.S.SHAMMY RAJ, Advocate for the petitioner
and of the PUBLIC PROSECUTOR for the respondent, the court passed the
following:
p.t.o
P.G. AJITHKUMAR, J.
-----------------------------------------------------
Crl.A.No.3 of 2022
in
Crl.A.No.500 of 2022
------------------------------------------------------
Dated this the 5th day of April, 2024
ORDER
This is a petition filed by the appellant under Section
389(1) of the Code of Criminal Procedure, 1973 (Code).
Petitioenr has filed Crl.M.A.No.1 fo 2022 seeking suspension
of sentence earlier. That petition was dismissed by this Court
as per the order dated 12.08.2022. The present petition is
filed pointing out, essentially, that the petitioner has been
under detention for about two years as against the sentence
of five years imprisonment imposed as per the impugned
judgment.
2. Heard the learned counsel for the petitioner and
the learned Public Prosecutor.
3. Although the petitioner was charged for penetrative
sexual assault also, he was convicted for offence under
Section 7 read with 8 of the Protection of Children from
Sexual Offences Act, 2012 (POCSO Act). Petitioner is said to
be the step father of the victim, a fact which is disputed by
Crl.A.No.3 of 2022 in
the petitioner. The fact that they were living together is
evident from the materials on record. While so the incident
had happened. However, considering the fact that the
petitioner has been under detention for almost two years in
connection with this case, execution of sentence can be
suspended, for, this appeal could not be heard and decided
immediately. The learned Public Prosecutor made available for
my perusal a report of the Inspector of Police, Vattiyoorkavu
Police Station. The statement of the mother of the victim was
recorded by him. She expressed her apprehension as to the
safety of the victim if the petitioner is released on bail. Having
regard to that fact, petitioner can be granted bail only subject
to strict conditions.
4. Accordingly, this petition is allowed and the
petitioner is granted bail on his executing a bond for
Rs.1,00,000/- (Rupees one lakh only), with two solvent
sureties for the like amount each, to the satisfaction of the
trial court, subject to the following conditions:
i) He shall deposit entire fine amount in the trial court
Crl.A.No.3 of 2022 in
within one month;
ii) He shall not enter the Revenue District of
Thiruvananthapuram till the final disposal of this appeal;
iii) During the bail period, he shall not get involved in
any offence; and
iv) He shall not contact or try to intimidate the victim or
witnesses examined in the case.
In case of breach of any of the above conditions, the
prosecution shall be at liberty to apply before this Court for
cancellation of the suspension of sentence.
Sd/-
P.G. AJITHKUMAR, JUDGE
PV
05-04-2024 /True Copy/ Assistant Registrar
