Kerala High Court
Sufail vs The Station House Officer 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.280 OF 2024
SC 155/2021 OF SPECIAL COURT FAST TRACK - I, PERINTHALMANNA
APPLICANT/APPELLANT:
SUFAIL, AGED 30 YEARS, S/O YUSUF, THONDIYIL HOUSE, KALIKAVU,
NILAMBUR TALUK, MALAPPURAM DISTRICT,PIN - 679579.
RESPONDENTS/RESPONDENTS:
1. THE STATION HOUSE OFFICER, KALIKAVU POLICE STATION, MALAPPURAM
DISTRICT, PIN - 679579.
2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
Application praying that in the circumstances stated therein the
High Court be pleased to suspend the sentence imposed on the petitioner by
the Court of the Special Judge Fast Track-I, Perinthalmanna, S.C.155/2021,
pending disposal of the above Criminal Miscellaneous Case.
This Application coming on for orders upon perusing the
application and upon hearing the arguments of M/S.SUNNY MATHEW, ANOOJ.J,
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.Appeal No 280 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. In such circumstances, he
claims that he is entitled to get execution of his sentence
suspended.
2. The petitioner was convicted for the offence punishable
under Section 354A (1) (I) (2), 354D (1) (i) (ii) (2) 363, 370 (1) r/w 4
of of the Indian Penal Code, 1860 and under Section 9(1) read with
10, 9(m) read with 10, 11 (iv) read with 12 of Children from Sexual
Offences Act, 2012. The term of sentence the petitioner has to
undergo is imprisonment for 5 years in terms of the impugned
judgment.
3. Heard the learned counsel for the appellant and the
learned Public Prosecutor.
Crl. A 280 of 2024
4. The learned Public Prosecutor opposes the
petition by submitting that he has involved in three other
crimes. The learned counsel for the petitioner made available
judgments of 2 cases pointed out by the learned Public
Prosecutor. In two cases, he was seen aquitted. However, in
another case, offence under NDPS Act is alleged and is
pending consideration of the Trial Court. Since the petitioner
has involved in other cases, he cannot be granted absolute
freedom eventhough the sentance imposed in this case is
liable to be supended, having regard to the term of the
sentnce and the nature of the offence.
4. Accordingly this petition is allowed. Execution of
sentance imposed to the petitioner is suspended 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 within one month;
Crl. A 280 of 2024
ii) He shall not enter the local limits of Kalikavu
Police Station, Malapuram 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. It is made clear
that registration of any crime against the petitioner, will
entail cancellation of bail granted as per this order.
Sd/-
P.G. AJITHKUMAR,
JUDGE
SM
05-04-2024 /True Copy/ Assistant Registrar
