Kerala High Court
Subair 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.1/2024 IN CRL.A. NO.404 OF 2024
SC 1396/2021 OF THE SPECIAL COURT FAST TRACK-I, PERINTHALMANNA
APPLICANT/APPELLANT:
SUBAIR, AGED 42 YEARS,
S/O. MUHAMMED, KUNNATH HOUSE,
PATHIRIKKODE P.O., PEZHUMTHARA,
MELATTUR, MALAPPURAM DISTRICT, PIN - 679326.
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 suspend the sentence and fine imposed by the
Trial Court by impugned Judgment dated 30.01.2024 in Sessions Case No.1396
of 2021 on the file of the Honorable Court of the Special Judge Fast Track
- I, Perinthalmanna till the disposal of the appeal.
This Application coming on for orders upon perusing the application
and upon hearing the arguments of M/S.P.MOHAMED SABAH, LIBIN STANLEY,
SAIPOOJA, SADIK ISMAYIL, R.GAYATHRI, M.MAHIN HAMZA, RAYEES P., ALWIN
JOSEPH, Advocates for the petitioner and of the PUBLIC PROSECUTOR for the
respondent,the court passed the following:
P.T.O.
P.G. AJITHKUMAR, J.
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Crl.M.A.No.1 of 2024
in
Crl.A.No.404 of 2024
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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). The
petitioner would contend that he is innocent and there is
every chance for allowing the appeal and acquitting him. He
was on bail during the trial of the case. In such
circumstances, he claims that he is entitled to get execution
of his sentence suspended.
2. The learned Public Prosecutor opposes the petition
by contending that the evidence adduced by the prosecution
proved beyond doubt that the petitioner had committed the
offence alleged against him. The offence proved against the
petitioner is grievous. On account of the offence he has
committed and the consequent ostracisation, the victim, who
was aged only 12 years at the time of occurrence, has been
put to untold miseries. Considering the gravity and nature of
the offence and the tenure of the sentence imposed, the
Crl.M.A.No.1 of 2024 in
petitioner is not entitled to get an order to suspend the
sentence.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
4. The learned Public Prosecutor would submit that
the petitioner did not involve in any other crime. However,
considering the nature of the offence, and the petitioner being
a person hailing from the same locality, he may not be
granted bail pending the appeal. Period of sentence imposed
is 5 years and the petitioner has been under detention from
30.01.2024. Having regard the facts and circumstances of the
case, in my view, execution of the sentence can be suspended
subject to strict conditions.
Accordingly, this petition is allowed and the petitioner is
granted bail on his executing a bond for Rs.50,000/- (Rupees
Fifty thousand 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.M.A.No.1 of 2024 in
within one month;
ii) He shall not enter the local limits of Melattur Police
Station 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
